We’d previously written about the attempts in Kansas to minimize permanent partial disability benefits. While the members of the legislature
have done nothing to correct the situation for their injured constituents, the Kansas Supreme Court did what it could to help. When calculating permanent partial disability benefits at the end of your claim, Kansas requires use of the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment. This method produces low disability percentages with a narrow range that can be argued over. This simply means that less is paid for the long-term effects of industrial injuries. Fortunately, the Supreme Court held that the statute creating this requirement has some wiggle room. If the injured worker has what is referred to as an “unscheduled” injury, competent medical evidence can be considered to go above and beyond what the ratings guides dictate. An unscheduled injury generally involves the head, the spine, the pelvis or parallel extremities (both legs or both arms). In these situations, we can go beyond the narrow range of percentages typically allowed. This can be especially important if the injury results in permanent restrictions that prevent the injured worker from earning a similar wage after the accident. What does this mean to you? Don’t simply accept what the insurance company is telling you. There could be more in permanent partial disability benefits to more fairly compensate you for your injuries. Sometimes, significantly more. There’s no harm in contacting us to find out. Remember, we’ve got your back!