Interpretations of statutory provisions are questions of law over which we have unlimited review. Because the legislature did not differentiate between these groups, the Board reasoned K.S.A. 1998 Supp. Pizza Hut suggests that here we are dealing with a different statute than the one at issue in Boyd . First, K.S.A. 1998 Supp. Second, K.S.A. 1998 Supp.
Functional impairment focuses on the physiological losses to the body.
Dickens' functional impairment was found to be 38 per cent. We are not persuaded. The Boyd court was concerned, as we are here, with disparate treatment of individuals such as Dickens, seeking to supplement social security income, compared to other social security beneficiaries. The non-retired worker who is injured and later becomes eligible for social security also receives the same functional impairment award, unreduced by social security benefits. The fundamental rule of statutory construction is to determine legislative intent whenever possible.