44-5a04.
Disablement and disability defined; cancellation of award, when.
(a) Except as otherwise provided in this act "disablement" means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee's work in the last occupation in which injuriously exposed to the hazards of such disease, and "disability" means the state of being so incapacitated.
(b) The administrative law judge may cancel the award and end the compensation if the administrative law judge finds that the employee:
(1) Has returned to work for the same employer in whose employ the employee was disabled or for another employer and is capable of earning the same or higher wages than the employee did at the time of the disablement, or is capable of gaining an income from any trade or employment which is equal to or greater than the wages the employee was earning at the time of the disablement;
(2) is absent and continues to be absent so that a reasonable examination cannot be made of the employee by a health care provider selected by the employer; or
(3) has departed beyond the boundaries of the United States.
History:
L. 1953, ch. 246, § 4; L. 1990, ch. 182, § 11; L. 1993, ch. 286, § 74; July 1.
Notes of Decisions
Schubert v. Peerless Prods., Inc., 573 P.2d 1009 (Kan. 1978).
· cites it 3× “(K.S.A. 44-5a04.) The date of incapacity because of an occupational disease becomes the date of accident under the act.”
Burton v. Rockwell Int'l, 967 P.2d 290 (Kan. 1998).
“” A “disability” resulting from an occupational disease is separately defined in K.S.A. 44-5a04(a) in the following manner: “ ‘[D]isablement’ means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing…”
Bayless v. List & Clark Constr. Co., 441 P.2d 841 (Kan. 1968).
· cites it 3× “He contends the limitation in *574 the statute against payment of compensation in case of recurrence of the disease relates solely to those cases where the claimant has previously received compensation for disability as distinguished from compensation for hospital and medical…”
Bahr v. Iowa Beef Processors, Inc., 663 P.2d 1144 (Kan. Ct. App. 1983).
“2d 3 (1967); K.S.A. 44-5a04. Consequently, the determination between whether the claimant suffered from an accidental injury or an occupational disease is extremely important in terms of the measure of compensation.”
Slack v. Thies Dev. Corp., 718 P.2d 310 (Kan. Ct. App. 1986).
· cites it 2× “The discretionary power of the director to cancel an award where a worker earns the same or greater wages post-disability than pre-disability is the only provision having any relevance to determining compensation in this case.”
Garcia v. Tyson Fresh Meats, Inc., 125 P.3d 580 (Kan. Ct. App. 2006).
· cites it 2× “Disablement is defined in K.S.A. 44-5a04(a) as “the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee’s work in the last occupation in which injuriously exposed to the hazards of such…”
— K.S.A. § 44-5a04(a) — 2 cases
Burton v. Rockwell Int'l, 967 P.2d 290 (Kan. 1998).
“” A “disability” resulting from an occupational disease is separately defined in K.S.A. 44-5a04(a) in the following manner: “ ‘[D]isablement’ means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing…”
Garcia v. Tyson Fresh Meats, Inc., 125 P.3d 580 (Kan. Ct. App. 2006).
“Disablement is defined in K.S.A. 44-5a04(a) as “the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee’s work in the last occupation in which injuriously exposed to the hazards of such…”
— K.S.A. § 44-5a04(b) — 1 case
Garcia v. Tyson Fresh Meats, Inc., 125 P.3d 580 (Kan. Ct. App. 2006).
“Disablement is defined in K.S.A. 44-5a04(a) as “the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee’s work in the last occupation in which injuriously exposed to the hazards of such…”
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