KS governor signs new WC laws

[bodybuilder1958]

Highlights of HB 2134 include:

It ends payment of unwarranted claims by raising the threshold required for an incident to be compensable under the Workers Comp. Act.

It overturns numerous court decisions that erode the intent of the workers compensation system.

It clarifies employers are entitled to a credit for pre-existing conditions. The employer pays only for what happens under his watch.

Increases benefit caps significantly for injured workers who have lost the capacity to work.

Employers will now be required to provide names of two alternative doctors instead of three.

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So I wonder if this will be retroactive on my case. I had a previous injury to my left knee before my injury at work. I also heard that I might get a lower settlement after my TKR since I had a previous injury.

Ks continues to screw their injured workers thus maintaining their bottom of the barrel rating for assisting injured workers.

bodybuilder1958

[bronco54501]

I dont know, but it seems the light at the end of the tunnel is getting dimmer and dimmer for us injured...

[bodybuilder1958]

Well the governor did increase the death benefit from $250,000. to $300,000. that's comforting.

What bothers me is so often these laws are retroactive. I'm already in the system, leave me the #$%& alone for pete's sake or toss me out and let my own medical insurance take over, please, please

[bronco54501]

Exactly, but hopefully they dont mess with ya. It's utterly bulltihs they will mess with past claims, its bad enough what they are doing.

[Bummer Knees]

My understanding is this will effect iw's filing new claims, not those who have already filed. Course "they" could figure a way to impact those already in the system.

I knew this bill was in the works and that is one reason I agreed to a settlement in January.
At my settlement conference not once was pre-existing mentioned. A dollar figure was given by my attorney, the other attorney strongly suggested settlement to the insurance company and they accepted.

I contacted legislators they said they were not hearing from injured workers on this bill.

The amount of wage loss an injured worker receives in Kansas in the lowest in the nation. A year ago there was a bill intoduced to increase the amount of wage loss, I spoke with area legislators and was told they would not vote for the bill, the reason they gave was the economy. I told them that is all the more reason for you to vote for this bill, there hasn't been an increase for almost 30 years in our state.

[1171]

lots of litigation ahead for those new provisions:
An employee maybe eligible to receive permanent partial general
disability compensation in excess of the percentage of functional impair-
ment(‘‘workdisability’’)if:
(i)The percentage of functional impairment determined to be caused
solely by the injury exceeds 7 1⁄2% to the body as a whole.."

Missouri is about to get hit with similar legislation (HB 709 SB544).

workers in Red states are really going to take a beating in the next few years.

P.S.
I didn't see any language that would make any provisions retroactive.

[Bummer Knees]

It is sad but now the injured workers will try and take action when it is to late with the bill already being signed by the governor.

I've worked with legislators with the writting and intoducing of a couple of bills for the disabled (child services)

Assisted with wavier programs and health care laws for the mr/dd population at the state capital.

Legislators say hearing from 6 individual on a bill will make a difference on how they vote on that bill.

What is frustating is people do not react until it is to late.

[1171]

the legislators knew ahead of time that HB 2134 was bad for injured workers.
it is also the legislators job to go out and contact their citizens and ask for input. they
have money for ads and emails and speaking engagements.
some unions and atty firms had a lot of contact with the committees working on the bill.
I don't by the idea that more contact from injureds -those who have the most difficulty with keeping on top of those things --would have stopped it.
if Brownback is anything like Wisconsin's Walker or Arizona's Brewer opposition from workers would/was ignored.

it's not the same political system any more; it's "winner-is entitled-to-crush-the-loser" ---even if they are your own citizens.
it's not 2 sides trying to make it better for everyone. it's one side trying to make it great for their side and much worse for the other.

the earlier, compromise bill, was hijacked and this jammed thru.

[Bummer Knees]

I know Brownback as he has spent some time in our community, and with friends.

He is very faithful to his church and family, he is one who thinks of others first.

It is the legislators who tell me if I had been contacted by 6 constitues it would have influenced my vote.

I heard little about this bill in the news once, only saw it in the paper once. I had to do reasearch to find information about the bill. I only contacted legislators 3 times on this bill, as I was going thru spine surgery and wasn't able to do more.

[1171]

i'm glad you retain your optimism and still feel you can make a difference.
I just see less and less of that any more.

i really need more examples that politics, policy making and legislation is leading us in the right direction.
a bit discouraging that my grandkids may have a more difficult future then many of us had at their age.