Legal Question in Workers Comp in Kansas

Work Restrictions

This summer I had a total knee replacement and recently had my 3 month post surgery appointment with the surgeon.

At this appointment I received work restrictions of; no squatting, no kneeling, no lifting over 50 lbs, no repetitive lifting over 25 lbs., and work 1/3 of the day.

I will not be at MMI until July 09.

I work as a teacher at a Early Childhood Center. My work requirement are; lifting & carrying up to 100 lbs. Repetitive squatting & kneeling.

I received a letter from my employer saying they are unable to accomodate me and have no work within my work restrictions.

My employer has continued to keep me on unpaid medical leave until all restrictions are lifted.

Does Kansas Law reequire I look for a work within my work restrictions?


Asked on 10/02/08, 9:17 am

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: Work Restrictions

I see no reason you should be required to look for work within your restrictions if you do not want to do that. However, you do not say whether the knee replacement is the result of an injury on the job. If it is, you are entitled to a permanent partial disability award under the Kansas Workers Compensation laws. If only one knee is affected, you do not need to look for work. If any other body part is affected (favoring one knee often leads to pain and injury to the good knee) then you may have a work disability. To qualify for a work disability you have to make a good faith effort to find work. I suggest you contact an attorney experienced in Kansas Workers Compensation law to discuss the facts of your injury.

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Answered on 10/02/08, 9:44 am


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