Kan. Governor Vetos Workers’ Compensation Bill

Kansas Gov. Kathleen Sebelius vetoed a workers’ compensation bill, SB 461, this week that would have lowered compensation settlements for workers injured on the job.

The bill would have allowed a physician to determine whether a disability caused by an on-the-job injury might be due, in part, to a health condition, which could be used to reduce the compensation settlement.

The bill was supported by the Kansas Chamber of Commerce. Supporters said that employers shouldn’t have to pay for part of an injury that wasn’t suffered on the job.

It was opposed by the Kansas Trial Lawyers Association, unions, veterans’ organizations, teachers, nurses and firefighters.

But Sebelius vetoed the bill saying that the premiums by Kansas companies are some of the lowest in the nation. The Governor added that the rates are scheduled to decline 2 percent this year, with or without the bill.

In a text released by the Governor’s office Sebelius said, “Kansas is an attractive place to do business, and part of the reason for that is our low workers’ compensation costs. Kansas’ workers compensation rates are currently the eighth-lowest in the nation, and employers have saved nearly $113 million since the 1993 reforms were passed. At a time when most other insurance costs are rising, workers’ compensation insurance premiums in our state will decline by 2 percent this year, saving our businesses an estimated $3.5 million.”

The text added that benefits paid to workers injured on the job are the seventh-lowest in the nation, and last year I signed a bill that makes it so Kansas businesses don’t have to pay benefits to employees for drug or alcohol-related accidents. Additionally, pre-existing medical conditions are already factored into benefits, calling into question the need for this legislation.

Legislators would have been well-advised to listen to the veterans, firefighters, nurses and seniors who all expressed their strong opposition to this bill, Sebelius said.