Gilkey v. Frederick Waterproofing

Buser, J.:

*487 *50 Virgil Gilkey appeals the Kansas Workers Compensation Board's (Board) interpretation and application of K.S.A. 2014 Supp. 44-510e(a)(2)(D), which resulted in the Board's finding that he had a net task loss of zero percent which adversely reduced his disability award.

Upon our review, we conclude that K.S.A. 2014 Supp. 44-510e(a)(2)(D) requires the exclusion of theoretical work tasks for purposes of calculating the task loss directly attributable to the current injury, provided the employee has preexisting permanent restrictions that are continuing or enduring without fundamental or…