Third Quarter 2018
By: Stephen P. Murray
Question: In an otherwise compensable workers’ compensation case, is an employer permitted to use salary continuation and can payments of it serve as a credit against TTD obligations?
Short Answer: Neither Kansas law nor Kansas case law address whether salary continuation can be paid in lieu of TTD benefits.
Discussion: TTD payments are governed by Kansas Rev. Stat. 44-5l0c, which notes that “where the employee remains employed with the employer against whom benefits are sought, an employee shall be entitled to temporary total disability benefits if the authorized treating physician imposed temporary restrictions as a result of the work injury which the employer cannot accommodate.” Although not dispositive of allowing the continuation of wages in lieu of TTD benefits, it is important to note that the Kansas legislature has not directly addressed whether wage continuation is a legal alternative to paying TTD benefits.