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McIntosh v. Sedgwick County6/11/2004
her his employment nor his services before his job-related accident.
The cases show two consistent patterns: (1) injury, then retirement: no duplication of benefits allowed (Gadberry, Brown, Treaster, and Wishon); and (2) retirement, then injury: multiple benefits allowed (Boyd and Dickens). McIntosh falls into the former category. He suffered his work-related injury before retirement. Unlike in Dickens, McIntosh suffered only one wage loss: the loss of wages for his full-time employment that predated the injury and his retirement. Although McIntosh began receiving social security benefits before the actual date of his retirement, they were intended to compensate him for the wage loss that would result from his eventual retirement.
McIntosh argues that his work for the County after receiving social security benefits was intended to supplement his social security income once he retired in August. He asserts that he would have continued working for many years but for his pre-retirement injury. McIntosh's frustration is understandable. However, it is clear that in enacting K.S.A. 44-501(h), the legislature intended to prevent wage-loss duplication. In instances in which the work-related injury predates the actual date of retirement, the appellate courts have consistently held that social security retirement benefits are designed to restore a portion of an employee's wages lost due to age and, therefore, duplicate workers compensation benefits which are designed to restore a portion of an employee's wages lost due to injury. Accordingly, the offset provisions of K.S.A. 44-501(h) apply to McIntosh.
Finally, in view of our holding in this case, the County's argument that the Board's interpretation of K.S.A. 44-501(h) violates the Equal Protection Clause is moot and we need not consider it.
Reversed and remanded for further proceedings consistent with this opinion.
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