Bill Summary – FastDemocracy

     Special Session of 2020
                               HOUSE BILL No. 2007
                                 By Representative Ward
                                          6-3

 AN ACT concerning workers compensation; relating to occupational
   diseases; COVID-19; amending K.S.A. 2019 Supp. 44-5a01 and
   repealing the existing section.
 4
 Be it enacted by the Legislature of the State of Kansas:
     Section 1. K.S.A. 2019 Supp. 44-5a01 is hereby amended to read as
 follows: 44-5a01. (a) Where the employer and employee or workman are
 subject by law or election to the provisions of the workmen's
 compensation act, 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, and the employee or
 workman or, in case of death, his dependents shall be entitled to
 compensation for such disablement or death resulting from an
 occupational disease, in accordance with the provisions of the workmen's
 compensation act as in cases of injuries by accident which that are
 compensable thereunder, except as specifically provided otherwise for
 occupational diseases, including as provided for the occupational disease
 of COVID-19 pursuant to subsection (g). In no circumstances shall an
 occupational disease be construed to include injuries caused by repetitive
 trauma as defined in K.S.A. 44-508, and amendments thereto.
     (b) "Occupational disease" shall mean means, except as provided by
 subsection (g), only a disease arising out of and in the course of the
 employment resulting from the nature of the employment in which the
 employee was engaged under such employer, and which that was actually
 contracted while so engaged. "Nature of the employment" shall mean
 means, for purposes of this section, that to the occupation, trade or
 employment in which the employee was engaged, there is attached a
 particular and peculiar hazard of such disease which that distinguishes the
 employment from other occupations and employments, and which that
 creates a hazard of such disease which that is in excess of the hazard of
 such disease in general. Except as provided by subsection (g), the disease
 must appear to have had its origin in a special risk of such disease
 connected with the particular type of employment and to have resulted
 from that source as a reasonable consequence of the risk. Ordinary
 diseases of life and conditions to which that the general public is or may
 be exposed to outside of the particular employment, and hazards of
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 diseases and conditions attending employment in general, shall not be
 compensable as occupational diseases, except that compensation shall not
 be payable for pulmonary emphysema or other types of emphysema unless
 it is proved, by clear and convincing medical evidence to a reasonable
 probability, that such emphysema was caused, solely and independently of
 all other causes, by the employment with the employer against whom the
 claim is made, except that, if it is proved to a reasonable medical
 probability that an existing emphysema was aggravated and contributed to
 by the employment with the employer against whom the claim is made,
 compensation shall be payable for the resulting condition of the workman,
 but only to the extent such condition was so contributed to and aggravated
 by the employment.
     (c) In no case shall an employer be liable for compensation under this
 section unless disablement results within one year or death results within
 three years in case of silicosis, or one year in case of any other
 occupational disease, after the last injurious exposure to the hazard of such
 disease in such employment, or, in case of death, unless death follows
 continuous disability from such disease, commencing within the period
 above limited, for which compensation has been paid or awarded or timely
 claim made as provided in the workmen's compensation act, and results
 within seven years after such last exposure. Where payments have been
 made on account of any disablement from which death shall thereafter
 result such payments shall be deducted from the amount of liability
 provided by law in case of death. The time limit prescribed by this section
 shall not apply in the case of an employee whose disablement or death is
 due to occupational exposure to ionizing radiation.
     (d) Where an occupational disease is aggravated by any disease or
 infirmity, not itself compensable, or where disability or death from any
 other cause, not itself compensable, is aggravated, prolonged, accelerated
 or in any wise contributed to by an occupational disease, the compensation
 payable shall be reduced and limited to such proportion only of the
 compensation that would be payable if the occupational disease were the
 sole cause of the disability or death, as such occupational disease, as a
 causative factor, bears to all the causes of such disability or death, such
 reduction in compensation to be effected by reducing the number of
 weekly or monthly payments or the amounts of such payments, as under
 the circumstances of the particular case may be for the best interest of the
 claimant or claimants.
     (e) No compensation for death from an occupational disease shall be
 payable to any person whose relationship to the deceased employee or
 workman arose subsequent to the beginning of the first compensable
 disability save only to afterborn children.
     (f) The provisions of K.S.A. 44-570, and amendments thereto, shall
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 apply in case of an occupational disease.
     (g) (1) Notwithstanding any provisions of the workers compensation
 act to the contrary, the following provisions shall apply to a claim based
 on a diagnosis of COVID-19.
     (A) In the case of employment that includes contact with or work in
 proximity to or in the same space as the public or co-workers, there shall
 be a rebuttable presumption that the COVID-19 disease arose out of and
 in the course of the employment in which the employee was engaged under
 such employer and was contracted while the employee was so engaged,
 and that the employment was the prevailing factor in causing the COVID-
 19. In any event in such a case, a requirement that the COVID-19 resulted
 from the nature of the employment, as defined in subsection (b), shall not
 apply. The claimant shall not be required to prove that the COVID-19
 resulted from the nature of the employment, as defined in 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.
     (B) 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.
     (C) 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.
     (2) The provisions of this subsection shall be effective retroactively to
 January 1, 2020.
     (3) The provisions of this subsection shall expire on May 1, 2021,
 unless the legislature acts to reauthorize such provisions.
     (4) 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.
     Sec. 2. K.S.A. 2019 Supp. 44-5a01 is hereby repealed.
     Sec. 3. This act shall take effect and be in force from and after its
 publication in the Kansas register.
Statutes affected: 
As introduced: 44-5a01