44-510a. Reduction in compensation for prior compensable permanent injury; termination of reduction.
44-510a
44-510a. Reduction in compensation for prior compensable permanentinjury; termination of reduction.(a) If an employee has received compensation or ifcompensation iscollectibleunder the laws of this state or any other state or under anyfederal law which provides compensation for personal injury by accidentarising out of and in the course of employment as provided in the workerscompensation act, and suffers a later injury,compensationpayable for any permanent total or partial disability for such laterinjury shall be reduced, as provided in subsection (b) of this section,by the percentage of contribution that the prior disabilitycontributesto the overall disability following the later injury. The reductionshall be made only if the resulting permanent total or partialdisability was contributed to by a prior disability and ifcompensationwas actually paid or is collectiblefor such prior disability. Anyreduction shall be limited to those weeks for which compensation waspaid or is collectiblefor such prior disability and which aresubsequent to the date of the later injury. The reduction shallterminate on the date the compensation for the prior disabilityterminates or, if such compensation was settled by lump-sum award, wouldhave terminatedifpaid weekly under such award and compensation for any week due afterthis date shall be paid at the unreduced rate. Such reduction shall notapply to temporary total disability, nor shall it apply to compensationfor medical treatment.
(b) The percentage of contribution that the prior disabilitycontributes to the later disability shall be applied to the money rateactually collected or collectible for the prior injury andthe amount sodetermined shall be deducted from the money rate awarded for the laterinjury. This reduced amount of compensation shall be the total amountpayable during the period of time provided in subsection (a), unless thedisability award is increased under the provisions of K.S.A.44-528 and amendments thereto.
History: L. 1967, ch. 280, § 5; L. 1970, ch. 190, § 3; L.1974, ch. 203, § 10; L. 1979, ch. 156, § 4;L. 1993, ch. 286, § 30; July 1.