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Roskilly v. Boeing Co.7/29/2005
economic layoff is not precluded from a finding of wage loss for workers compensation benefits." 25 Kan. App. 2d 800, Syl. 4.
In addition, the 1993 legislative amendment to K.S.A. 44-510e(a) removed from the statute the language " here shall be a presumption that the employee has no work disability if" the employee engages in any work for wages comparable to the average gross weekly wage that the employee was earning at the time of the injury, and replaced the same with the language " n employee shall not be entitled to receive permanent partial general disability compensation in excess of the percentage of functional impairment as long as the employee is engaging in any work for wages equal to 90% or more of the average gross weekly wage that the employee was earning at the time of the injury." (Emphasis added.) L. 1993, ch. 286, sec. 34. The language of the statute as amended is plain and unambiguous, leaving no room for judicial construction. See Williamson v. City of Hays, 275 Kan. 300, 305, 64 P.3d 364 (2003). We hold that on its face K.S.A. 44-510e(a) no longer may be read to make a distinction between accommodated employment and unaccommodated employment when determining an injured worker's right to recover work disability benefits.
For all of the foregoing reasons, we affirm the decision of the Board.
Affirmed.
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