Hoesli v. Triplett, Inc.Annotate this Case
Appellant was injured in a compensable workplace accident. Prior to his injury, Appellant was receiving social security retirement benefits and earning additional employment income without a reduction in his social security because he had reached full retirement age. Based on Kan. Stat. Ann. 44-501(h), the offset statute, an administrative law judge determined that Employer could use Appellant’s social security benefit to offset its workers compensation obligation. The Workers Compensation Board affirmed. The Court of Appeals reversed the Board’s offset, holding that section 44-501(h) does not apply when the claimant has reached full retirement age and was already receiving social security retirement benefits at the time of injury. The Supreme Court reversed, holding (1) Dickens v. Pizza Co., Inc. and its progeny, which limited the statutory offset under section 44-501(h) and permitted already-retired claimants working to supplement their social security at the time of injury, improperly give effect to a perceived legislative purpose underlying section 44-501 that is contrary to the statutory text’s clearly expressed meaning; and (2) section 44-501(h) unambiguously provides that any workers compensation payments are subject to the offset when the injured worker is simultaneously receiving social security retirement benefits.