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Minutes for SB38 - Committee on Commerce
Short Title
Increasing the maximum compensation benefits payable by an employer for permanent total disability suffered by an injured employee.
Minutes Content for Wed, Mar 29, 2023
Chair Erickson opened the hearing on SB 38.
Staff provided an overview of the bill. (Attachment 10)
Proponents:
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.
Jeff King, Workers Compensation Director, Kansas Department of Labor, appeared in favor of the bill. (Attachment 2) The bill would increase the benefits for permanent total disability suffered by an injured worker.
Anita Miller, spoke in favor of the bill. (Attachment 3) Ms. Miller stated that Kansas employees deserve better and the system needs to be changed to place emphasis on workers in Kansas.
Jeff Cooper presenting testimony in favor of the bill for Jennifer Young. (Attachment 4) Ms Young stated in her testimony the workers compensation laws in Kansas need to be changed, the stress that her family and herself has had to endure since her work injury has definitely not helped in her healing and treatment process.
Keith Mark presented the verbal comments in favor of the bill for Chris Jacobson. (Attachment 5) Chris Jacobson was permanently injured in a roll-over accident in 2014. Keith Mark provided the verbal testimony for Mr. Jacobson. 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, spoke in favor of the bill. (Attachment 6) The bill is a much-needed change to worker' compensation in Kansas which would allow individuals to receive the help they deserve, and urged the support of the the bill, which would bring much needed reform to the workers' compensation system in Kansas.
James Gallagher, Wichita, KS, spoke in favor of the bill. (Attachment 7) After being injured in an accident in 2021, when the attorney informed him that the maximum recovery in Kansas was $155,000 he was shocked. The entire amount does not even equate to two years of his salary; and would be further reduced by what was already paid while off work.
Written testimony in favor of the bill was received by:
Phillip Slape, Slape & Howard Law Firm, on behalf of Kansas Trial Lawyers Association (Attachment 8)
Brian Wilhite, self, Wichita, Kansas (Attachment 9)
Chair Erickson closed the hearing on SB 38.
The meeting was adjourned at 8:54 am.
