Permanent Partial Disability vs. Permanent Total Disability

In Kansas, the workers compensation system is designed to provide financial and medical support to employees who are injured or become ill as a result of their work. One of the crucial aspects of workers compensation claims involves determining the type and extent of disability an injured worker has sustained. This is important because it affects the type and amount of compensation benefits the worker will receive. 

In Kansas, disability is classified into two primary categories: Permanent Partial Disability (PPD) and Permanent Total Disability (PTD). In this blog, we'll explore these two types of disabilities in the context of Kansas workers compensation law, including how they're defined, assessed, and the benefits associated with each.

Understanding Workers Compensation Disability Categories in Kansas

Permanent Partial Disability (PPD)

Permanent Partial Disability refers to a condition where an employee suffers a permanent impairment or loss of function, but is still able to perform some work or engage in gainful employment, albeit potentially with limitations. PPD is further categorized into scheduled and unscheduled disabilities:

• Scheduled Disabilities: These involve specific body parts listed in the Kansas Workers Compensation Schedule. For example, losses of limbs, eyes, or hearing are addressed in this schedule. The impairment is quantified based on a predetermined number of weeks of compensation.

• Unscheduled Disabilities: These are impairments not listed in the schedule and typically involve injuries that affect body parts not explicitly listed, such as back injuries. Unscheduled disabilities are assessed based on the degree of impairment and its impact on the worker's ability to earn wages.

Permanent Total Disability (PTD)

Permanent Total Disability, on the other hand, refers to a situation where an employee is unable to perform any work or engage in any gainful employment due to the severity of their injury. This type of disability signifies that the worker's ability to earn income has been completely and permanently lost as a result of the work-related injury.

Legal Framework for PPD and PTD in Kansas

Kansas Workers Compensation Act

The Kansas Workers Compensation Act governs how disabilities are classified and compensated. Key provisions include:

• Scheduled Injuries: The Act provides a specific schedule for injuries to certain body parts, detailing the number of weeks of compensation for each type of scheduled injury. For example, the loss of a hand is compensated differently from the loss of an eye.

• Unscheduled Injuries: For injuries not listed in the schedule, compensation is based on the extent of the impairment and its effect on the worker's ability to perform their job or find alternative employment.

• Total Disability Benefits: PTD benefits are provided when an injury renders a worker completely unable to engage in any form of substantial gainful activity.

Evaluating Permanent Partial Disability (PPD)

Assessment of PPD

To determine PPD, several factors are considered:

• Medical Evaluation: A medical professional assesses the extent of the impairment or loss of function. This may involve evaluating physical and psychological aspects of the injury.

• Functional Capacity: The worker’s ability to perform job duties and their limitations in daily activities are assessed. This helps determine how the disability affects their employability.

• Work History: The impact of the disability on the worker’s previous employment and potential for finding new work is considered. This includes analyzing whether the worker can continue in their previous role or must seek alternative employment.

Compensation for PPD

PPD benefits are calculated based on:

• Percentage of Impairment: The degree of impairment is expressed as a percentage, which is used to determine the number of weeks of compensation.

• Scheduled vs. Unscheduled: Scheduled injuries are compensated according to a specific schedule, while unscheduled injuries are assessed based on the overall impact on the worker's ability to earn a living.

Evaluating Permanent Total Disability (PTD)

Assessment of PTD

Determining PTD involves:

• Medical Evidence: A thorough medical evaluation is conducted to confirm that the worker’s injuries are severe enough to preclude any form of employment. This may include specific opinions and diagnostic tests.

• Work Capability Analysis: The worker’s ability to perform any work is assessed, including evaluating their skills, education, and job market conditions.

• Vocational Assessment: Professionals may evaluate the worker’s potential for employment in other fields, considering their training and experience.

Compensation for PTD

PTD benefits are typically:

• Permanent and Ongoing: PTD benefits provide ongoing compensation for the worker’s inability to earn wages. In Kansas, this typically involves a portion of the worker’s average weekly wage.

• Adjustment for Cost of Living: Benefits may be adjusted based on cost of living increases or other relevant factors to make sure the worker’s financial needs are met over time.

Differences Between PPD and PTD

Nature of the Disability

• PPD: The worker can perform some level of work but has a permanent impairment that affects their ability to do so effectively. They may still be able to work in some capacity, though their earning potential may be reduced.

• PTD: The worker is completely and permanently unable to engage in any gainful employment due to their injury. Their ability to earn income is entirely lost.

Compensation Structure

• PPD: Compensation is based on the degree of impairment and the impact on the worker’s ability to earn wages. It's often a set number of weeks of benefits, calculated as a percentage of the impairment.

• PTD: Compensation is ongoing and reflects the complete loss of earning capacity. Benefits are generally based on a portion of the worker’s pre-injury wage and are intended to provide long-term financial support.

Eligibility Requirements

• PPD: The worker must demonstrate a permanent impairment that affects their ability to perform their job or find new employment, but they aren't necessarily precluded from working entirely.

• PTD: The worker must prove that their injury entirely prevents them from engaging in any substantial gainful activity. This often requires extensive medical and vocational evidence.

Legal Considerations and Challenges

Disputes Over Disability Classification

Disputes may arise regarding whether a disability qualifies as PPD or PTD. Key considerations include:

• Medical Evidence: The quality and comprehensiveness of medical evidence are critical. Disagreements may occur over the extent of impairment and its impact on the worker’s ability to work.

• Vocational Analysis: Differences in opinion about the worker’s ability to find or perform work can lead to disputes. Vocational professionals may be involved to assess the worker’s employment potential.

Appeals Process

If a worker disagrees with the determination of their disability classification or the amount of compensation awarded, they can appeal the decision:

• Administrative Review: Appeals can be made through the Kansas Division of Workers Compensation. A review process is in place to address disputes and reconsider decisions.

• Judicial Review: Further appeals can be made to the Kansas courts if the administrative review doesn't resolve the issue. This involves a more formal legal process.

Practical Tips for Workers and Employers

For Workers

Keep detailed records of medical treatments, work history, and the impact of the disability on your ability to work. Consult with a workers compensation attorney or vocational professional to understand your rights and work through the process effectively. Familiarize yourself with the types of benefits you're eligible for and how they're calculated based on your disability classification.

For Employers

Make sure that your workers compensation policies are up to date and compliant with Kansas law. Support employees in understanding and filing their workers compensation claims. This includes providing necessary documentation and cooperating with medical evaluations. Implement programs to help injured workers return to work in a modified or alternative capacity, if feasible.

Contact a Workers Compensation Attorney

Understanding the distinctions between Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) in Kansas is essential for working through the workers compensation system. PPD involves permanent impairment that affects the ability to work but doesn't completely preclude employment, while PTD represents a total and permanent inability to engage in any gainful work. Each type of disability has specific legal requirements, compensation structures, and implications for both workers and employers. By comprehending these aspects, individuals can better manage their workers compensation claims and make sure they receive appropriate benefits.

When you need a workers compensation attorney, reach out to the Law Offices of Slape & Howard. Our attorneys serve clients in Wichita, Kansas, and throughout the state.