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Appellate Court Refuses To Impute Wages to Fired Worker

Posted by: Tom Warner
January 16, 2009
Topic: Workers Compensation

In a new workers compensation opinion handed down today by the Kansas Court of Appeals, a fired worker will not have his wages imputed as a result of the termination. The court ruled that workers compensation statutes should be construed as written and there is no provision in the workers compensation law that allows a wage to be imputed when the worker has been fired. In the case of Gutierrez v. Dold Foods, the Kansas Court of Appeals determined that the fired worker should not have have any wages imputed that would lower the award because nothing in the statute suggested that the award should be lowered under these facts. This holding will be very helpful to injured workers and continues the trend of strict construction of the law by the Kansas Appellate Courts.