Wimp v. American Highway Technology

Leben, J.:

This appeal is brought by an employer and its insurance carrier from an order awarding permanent-total-disability compensation to its employee. An employee qualifies for that compensation when an on-the-job injury has left “the employee . . . completely and permanently incapable of engaging in any type of substantial and gainful employment.” K.S.A. 44-510c(a)(2).

The employer argues that in this case, its employee’s inability to find other work was largely due to his limited intellectual ability and, thus, the employer should not be responsible for his inability to find work. But…