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Minutes for SB361 - Committee on Commerce
Short Title
Concerning an employer's maximum liability for permanent total disability compensation and requiring an employer to pay such disabled employee during the continuance of such disability from the date of maximum medical improvement for the lifetime of the employee at the weekly rate of the compensation in effect on the date of injury for which compensation is being made.
Minutes Content for Tue, Mar 8, 2022
Chair Erickson opened the hearing on SB 361.
Staff provided an overview of the bill.
Staff provided a brief overview of the bill.
Proponents:
Mike Michaels, Deputy Director for the State Employee Health Benefits Plan, walked the Committee through the corrected fiscal note. Mr. Michaels stated that workman's comp is under this agency and currently there are 53 individuals that are receiving permanent total disability.
Jeff King, Workers Compensation Director, Kansas Department of Labor, (KDOL) spoke in favor of the bill. (Attachment 2) The bill would increase the benefits for permanent total disability suffered by an injured worker. Under Kansas Workers Compensation Act, the current cap on permanent total disability is $155,000, which also includes any payments that were made for temporary total disability, temporary partial, and permanent partial disability.
Jan Fisher, Registered Lobbyist for State AFL-CIO, spoke in favor of the bill. (Attachment 3) The bill addresses compensation for those workers who are injured so severely that they may never go back to work, they are considered permanently and totally disabled and entitled to permanent total disability compensation (PTD). Currently, the Kansas law limits compensation to a maximum of $155,000. The bill eliminates the maximum benefit and allows the disabled worker to collect benefits during the duration of their disability.
Phillip Slape, Slape & Howard Law Firm, appeared in favor of the bill. (Attachment 4) The bill increases the PTD benefit rate from $155,000 to a lifetime benefit, this change will make Kansas law consistent with other states. There are 44 states that provide lifetime benefits or benefits through the age of social security retirement and respectfully requested that the Committee pass the bill favorably.
Brian Wilhite, Wichita, Kansas, asked the Committee to pass the bill. (Attachment 5) Mr. Wilhite was injured on the job as a charge nurse at Ascension Via Christi in Wichita. He was just 49 when he was diagnosed with COVID-19, he intended to work another 20 years. His salary was $55,000 a year, and was slated for pay increase in the coming years, the lifetime cap of $155,000 won't even cover three year of earnings.
Jeff Cooper on behalf of the Kansas Trial Lawyer Association, appeared in favor of the bill. (Attachment 6) The bill simply puts Kansas workers who can never work again on the same footing as neighboring states. This does not change current Kansas law but allows either party to review and modify any award of benefits, and if a worker's condition improves and they can return to work, the award can be reviewed and changed.The bill puts Kansas workers on a level playing field with the rest of the nation.
Anita Miller, Topeka, Kansas, spoke in support of the bill. (Attachment 7) Ms. Miller stated obtaining medical care and treatment under the workers compensation system is horrendous and deprives workers of the care that is needed to recover from the injuries and to deal with the lasting consequences of the injuries.Passing the bill would be a step in the right direction.
Jennifer Young, Wichita, Kansas, appeared in support of the bill. (Attachment 8) Ms. Young was injured on the job by a patient, as a radiology technologist at a Family Practice Clinic in Wichita, Kansas. She is now permanently and totally disabled. She is asking the Committee to support changes in the workers compensation law that will improve the protection of Kansans injured on the job.
Chris Jacobson, was permanently injured in a roll over accident in 2014. Keith Mark provided the verbal testimony for Mr. Jacobson. (Attachment 9) Medical bills, were over $3 million when Mr. Jacobson was awarded the maximum amount of money $155,000. He had been receiving $594.00 per week since the accident (a little over three and half years) for a total of $111,000, which was subtracted from the $155,000 leaving him with $45,000 in benefits for the rest of his life.He hopes the Legislature would rethink the fairness of such a devastating cap.
Jake Miller, Executive Director, Working Kansas Alliance and Kansas National Education Association has also signed on to this testimony, and spoke in favor of the bill. (Attachment 10) Passing the bill is a much needed change to Workers Compensation in Kansas which would allow individuals to receive the help they deserve.
John Nave, Executive Vice-President, Kansas AFL-CIO, spoke in favor of the bill. (Attachment 1) The bill would give injured workers some dignity while they work to improve their health to go back to work or have some level of quality of life throughout their remaining life resulting from being severely injured at work.
Opponents written only:
Eric Stafford, Vice President of Government Affairs, Kansas Chamber (Attachment 11)
Daniel Murray, Kansas State Director, National Federation of Independent Business (Attachment 12)
Tony Andersen, Kansas Self-Insurers Association (Attachment 13)
Natalie Bright on behalf of Kansas Society for Human Resource Management (KS SHRM) (Attachment 14)
Committee discussion ensued.
Chair Erickson closed the hearing on SB 361
The next meeting is March 14, 2022. The meeting was adjourned at 11:35 am.
