HB 2007 — Amending workers compensation law regarding occupational diseases to provide certain presumptions for compensation for COVID-19 with respect to all employers.

Bill Text

• Introduced As introduced Current pdf

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The bill amends workers' compensation law to provide specific provisions for COVID-19 as an occupational disease, including a rebuttable presumption related to its cause and compensability.

• K.S.A. 2019 Supp. 44-5a01

  the disablement or death of an employee or workman resulting from an occupational disease as defined in this section shall be treated as the happening of an injury by accident → the disablement or death of an employee or workman resulting from an occupational disease as defined in this section shall be treated as the happening of an injury by accident, except as specifically provided otherwise for occupational diseases, including as provided for the occupational disease of COVID-19 pursuant to subsection (g)

  This change incorporates COVID-19 into the definition of occupational diseases, allowing for specific treatment under workers' compensation law.

• K.S.A. 2019 Supp. 44-5a01

  the requirements of subsection (b), and had its origin in a special risk of such disease connected with the particular type of employment and resulted from that source. → the requirements of subsection (b), shall not apply.

  This allows COVID-19 claims to be recognized without the need to prove that it arose from the nature of the employee's job.

• K.S.A. 2019 Supp. 44-5a01

  A claim shall not be denied on the basis that the disease of COVID-19 is considered an ordinary disease of life or a hazard of disease attending employment in general. → A claim shall not be denied on the basis that the disease of COVID-19 is considered an ordinary disease of life or a hazard of disease attending employment in general.

  This ensures that claims related to COVID-19 cannot be dismissed simply because it is categorized as an ordinary disease.

• K.S.A. 2019 Supp. 44-5a01

  there shall be a rebuttable presumption that the COVID-19 was the sole cause or the prevailing factor of any resulting disability, disablement, impairment or death. → there shall be a rebuttable presumption that the COVID-19 was the sole cause or the prevailing factor of any resulting disability, disablement, impairment or death.

  This establishes a presumption that if an employee contracts COVID-19, it is likely the primary cause of any resulting impairment or death.

• K.S.A. 2019 Supp. 44-5a01

  The provisions of this subsection shall be effective retroactively to January 1, 2020.

  This provision makes the COVID-19 amendments applicable to claims dating back to January 1, 2020.

• K.S.A. 2019 Supp. 44-5a01

  The provisions of this subsection shall expire on May 1, 2021, unless the legislature acts to reauthorize such provisions.

  This sets an expiration date for the COVID-19 provisions, requiring legislative action for extension.

• K.S.A. 2019 Supp. 44-5a01

  If any provision of this subsection or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this subsection that can be given effect without the invalid provision or application, and to this end the provisions of this subsection are declared to be severable.

  This ensures that if any part of the COVID-19 provisions is invalidated, the rest will still remain in effect.

• K.S.A. 2019 Supp. 44-5a01

  K.S.A. 2019 Supp. 44-5a01 is hereby repealed.

  This removes the prior statutory language to make way for the new provisions addressing COVID-19.

Action History

1. June 04, 2020

   Died in Committee

2. June 04, 2020

   Referred to Committee on Commerce, Labor and Economic Development

3. June 03, 2020

   Introduced

Sponsors

• Jill Ward · Primary

Subjects