Work Comp Payment While Working "Light Duty"

[caregiver-KS]

My question is as follows.........

How are work comp payments computed while working "light duty"? Kansas maximum payment is $545.00 per week. If an injured worker returns to work under light duty their company paid wage is paid at 2/3 of the normal rate of pay. If the injured worker works 10 hours a week, 20 hours a week, etc. how does work comp determine what the worker's weekly portion of work comp pay would be?

In the past the injured worker did work approximately 20 hours a week and still received the full $545.00 each week but when the injured worker performed more than 20 hours per week of work while on light duty the work comp payments dropped to approximately $389.00 per week.

How is the work comp payment portion figured? An example of this computation would be very much appreciated!!!

[BvIA]

There is a AWW/Average Weekly Wage calculated....TD/Temp Disability benefits are generally paid at 2/3's of the AWW subject to the max rate the AWW will support.
If you are working, your wages would reduce the AWW, and you receive 2/3's of the difference between the max rate, and wages earned.

[.SH]

Benefits are 66.67 percent of the difference between the employee’s average gross weekly wage before the injury and the employee’s wage after the injury. Benefits may not exceed the state’s statutory
maximum.

[caregiver-KS]

Correct me if I am wrong on the example below.........

IW makes $20 per hour. IW returns to work on light duty so pay rate would be reduced by 2/3 which would be $13.33 per hour.

IW works 20 hours at $13.33 per hour = $266.60 gross wage to be paid by employer
IW was receiving $545.00 per week when off work completely and not working any hours.
After IW worker works the 20 hours above and gets paid $266.60 by the employer, will the IW receive $545.00 less the $266.60 making IW's work comp payment $278.40???

[complwyr]

I think it is based on pre-injury AWW, not the compensation rate.

For example: PreInjury AWW = $820
TTD Compensation rate = $545 (two thirds of $820 subject to state max comp rate)

Post-injury gross earnings = $266.60 (The hourly rate does not really come into play. Look at the gross pay for the week.)

Temp Partial payment = $820 - $266.60 = $553.40 (then multiply by 2/3 = $368.95)

The TPD check would be for $368.95 in this example.

I think this is how it is calculated, but check with a local lawyer or the state agency to make certain. BB

[caregiver-KS]

This makes sense to me. I called the state agency and they were of no help to me. I will contact our lawyer to see if he can confirm your figures complwyr......thank you very much for your help!!!

[complwyr]

I don't practice law in KS, so you will need to check with a KS lawyer.