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Workers Compensation CalculationsExamplesBoard DecisionsCalculations Dates Scheduled Injury Whole Body FAQ's Other Related Sites Searching and Accessing Board Decisions DOA: 9-22-93 AWW $378.80 x .6667 = $252.55 weekly benefit rate TTD Rate max = $313 per week so use $252.55 Award 32% whole body impairment
Wollenberg v. Marley Cooling
|
| 415 | weeks |
| - 0 | TTD weeks |
| 415 | weeks |
| x .05 | functional whole body |
| 20.75 | weeks |
| 415 | weeks |
| - 0 | TTD weeks |
| 415 | weeks |
| x .32 | work disability |
| 132.80 | weeks |
After 20.75 weeks, claimant is laid off and the 32% work disability applies:
| 132.80 | weeks |
| - 20.75 | weeks from 5% |
| 112.05 | weeks due post functional |
Last percentage is final award amount -- thus 32% is the award.
Wollenberg v. Marley Cooling
Docket No. 184,428
(Modified with Functional Period Added & Time Gap)
DOA 9-22-93
AWW $378.80 x .6667 = $252.55 weekly benefit rate
TTD Rate max = $313 per week so use $252.55
Award 5% functional whole body
32% work disability
| 415 | weeks |
| - 0 | TTD weeks |
| 415 | weeks |
| x .05 | functional whole body |
| 20.75 | weeks |
| - 252.55 | weekly rate |
| $5,240.41 | |
| 415 | weeks |
| - 0 | TTD weeks |
| 415 | weeks |
| x .32 | work disability |
| 132.80 | weeks |
| - 252.55 | weekly rate |
| $33,538.64 | Total Award includes functional percent |
Work disability begins 9/22/94, 52.14 weeks later:
| 52.14 | weeks |
| - 20.75 | weeks |
| 31.39 | weeks w/o payments between functional & work disability periods |
| 132.80 | Total Award |
| - 20.75 | functional weeks |
| 112.05 | weeks to begin 9/22/94 |
| (remaining payout) |
Linn v. Collins Bus Corporation
Docket No. 198,148
DOA: 8-19-94
AWW $363.42 x .6667 = $242.29 weekly benefit rate
TTD Rate max = $319 per week so use $242.29
Award 64% work disability
20% work disability
64% work disability
(28% loss of task performing ability)
| 415 | 415 | 415 |
| x .64 | x .20 | x .64 |
| 265.60 | 83.00 | 265.60 |
| - 242.29 | - 242.29 | - 242.29 |
| $64,352.22 | $20,110.07 | $64,352.22 |
| 8-19-94 thru 9-21-94 | 4.71 | weeks (100% wage loss) |
| 9-22-94 thru 4-6-95 |
28.14 |
weeks (12% wage loss); claimant returned to work with reduced wage |
| 4-7-95 forward | 232.75 | weeks remaining (100% wage loss) |
| + 32.85 | already paid or payable | |
| 265.60 | Total Weeks Awarded |
Linn v. Collins Bus Corporation
Docket No. 198,148
#2
DOA: 8-19-94
AWW $363.42 x .6667 = $242.29 weekly benefit rate
TTD Rate max = $319 per week so use $242.29
Award 64% work disability (28% task loss)
20% work disability (28% task loss)
| 415 | 415 |
| x .64 | x .20 |
| 265.60 | 83.00 |
| x 242.29 | x 242.29 |
| $64,352.22 | $20,110.07 |
| 8-19-94 thru 8-18-96 | 104.28 | weeks (100% wage loss) |
| 8-19-96 for 83 weeks | 83 | weeks (12% wage loss) |
As more than 83 weeks have already been paid, claimant would be entitled to no additional payments but would not lose any payments already made or due.
See, Wheeler v. Boeing, 25 Kan. App. 2d 632, 967 P.2d 1085 (1998), rev. denied ___ Kan. ___ (1999); Deist v. Dillon Companies, WCAB Docket No. 213,485 (Dec. 1999)
Deviney v. Oakwood Villa
Docket No. 179,026
DOA: Series to 11-25-93
(DOA: 5-23-93 = 3% PPD not involved in computations)
AWW $200 x .6667 = $133.34
TTD Rate max = 313 per week so use $133.34
Award 42% task loss
13 weeks TTD
2% functional whole body
71% work disability (100% wage loss)
34% work disability (post return to work; 26% wage loss)
| 415 | weeks remaining (do not count 1st 15 weeks) |
| x .02 | functional whole body |
| 8.3 |
weeks (11-25-93 thru 4-8-94: 19.29 weeks - 8.3 functional period = 11.01 weeks unpaid gap) |
| x 133.34 | |
| $1,106.72 | |
| 415 | weeks |
| x .71 | work disability |
| 294.65 |
weeks (4-9-94 thru 2-6-95: 43.43 weeks actually paid or due) |
| x 133.34 | |
| $39,288.63 | |
| 415 | weeks |
| x .34 | work disability (post return to work) |
| 141.10 | weeks 2-7-95 forward for 89.37 weeks |
| x 133.34 | |
| $18,814.27 |
Treaster v. Dillons
Docket No. 205,065
K.S.A. 44-511 average weekly wage, fringe benefits
K.S.A. 44-501(h) retirement benefits
DOA 8-3-93
AWW $461.20 (thru 12-31-94) x .6667 = $307.48 weekly rate
$558.47 (beginning 1-1-95) x .6667 > $313 max rate
Award 8-3-93 thru 11-21-93 15.86 weeks TTD
8-3-93 thru 5-28-94 1% functional with gap
5-29-94 thru 7-31-94 81% work disability with reduced wage & no pension deduction
8-1-94 thru 12-31-94 81% work disability with reduced wage & pension deduction
1-1-95 for 300.31 weeks 81% work disability with increased wage & pension deduction
| 415 | weeks | 415 | weeks |
| - .86 | TTD | - .86 | TTD |
| 414.14 | weeks | 414.14 | weeks |
| x .01 | functional | x .81 | work disability |
| 414.14 | weeks | 335.45 | weeks |
As of 8-1-94, claimant's pension began at $288.46 per week, reducing claimant's benefits from $307.48 to $19.02/week.
Beginning 1-1-95, claimant's rate increased to $313 per week and the payments ($313 - $288.46) = $24.54/week.
Affirmed 267 Kan. 610, 987 P.2d 325 (1999); K.S.A. 44-501(h) retirement benefits deduction is constitutional.
Bohanan v. USD 260
Docket No. 190,281
DOA 10-13-93
AWW $328.29 x .6667 = $218.87
TTD Rate max = $313 per week so use $218.87
Award TTD 16.14 weeks
8% functional minus 4% preexisting
= 4% functional (K.S.A. 44-501(c))
54% work disability minus 4% preexisting
= 50% work disability
| 415 | weeks |
| - 1.14 | TTD--K.S.A. 44-510e excludes 1st 15 weeks TTD |
| 413.86 | weeks |
| x .04 | functional |
| 16.55 | weeks |
| x 218.87 | weekly rate |
| $3,622.30 | |
| 413.86 | weeks |
| x .50 | work disability |
| 206.93 | weeks |
| 218.87 | weekly rate |
| $45,290.77 | maximum award plus TTD |
Note: This case contains discussion regarding the Board conclusion as to the most equitable method of calculating awards under the new formula.
Affirmed, Kansas Court of Appeals (Docket No. 75,607); motion to publish granted 24 Kan. App. 2d 362 (1997).
Ullum v. Sedan Limestone Company
Docket No. 195,076
DOA: 6-9-94
AWW $784.96 x .6667 = $523.33 so use max rate of $313
TTD Rate max = $313 per week
Award TTD 31.86 weeks x $313 = $9,972.18
(-15 weeks = 16.86 weeks TTD to be subtracted)
64% work disability
81% work disability
59% work disability
| 415 | 415 | 415 | |
| weeks TTD | - 16.86 | - 16.86 | - 16.86 |
| weeks remaining | 398.14 | 398.14 | 398.14 |
| work disability | x .64 | x .81 | x .59 |
| 254.81 | 322.49 | 234.90 | |
| weekly rate -- | x 313.00 | ||
| $73,523.70 | |||
| TTD-- | + 9,972.18 | ||
| Total Award -- | $83,495.88 |
2-15-95 thru 8-2-95 24.14 weeks (64%)
8-3-95 thru 9-16-95 6.43 weeks (81%)
9-17-95 forward 204.33 weeks
Pre 7-1-93 Method of Computing Awards:
| 415 | 784.96 | ||
| - 31.86 | x .59 | ||
| 383.14 | 463.13 | $100,000 | max applies |
| [Do not | x .6667 | - 83,495.88 | Award |
| deduct | 308.77 | $16,504.12 | Difference |
| 15 weeks] | x 383.14 | ||
| $118,302.14 |
For further information: Workers Compensation Site Map
Contact Us
Kansas Department of Labor
Division of Workers Compensation
800 SW Jackson, Suite 600
Topeka, Kansas 66612
E-MAIL: wc@dol.ks.gov
FAX: (785) 296-8177
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