Kansas Governor Signs Workers’ Comp Bill
- Governor Laura Kelly has signed SB 430 updating the state’s workers’ comp laws.
- The bill, among other things, increases the maximum benefits for injured workers.
- It also provides coverage for the National Guard.
- AB 430 also permits the settling of claims without the need for a hearing.
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SC Supremes: Evidence Is Faulty
- The South Caroline Supreme Court rules that an employer cannot use data to dispute a workplace injury.
- A worker for Benore Logistics System, a BMW contractor, injured his back due to the repetitiveness of his work. An employer doctor affirmed it was work-related, and the worker was able to provide proof.
- The employer denied it based in part on causation. To make its case, it relied on an ergonomics report as evidence.
- The court ruled that data do not establish either the repetitive nature of the injury nor the cause. It only has “possible” risk factors. Medical evidence makes the sole determination.
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Senate Votes to Repeal Law
- The US Senate has voted to repeal a rule that would have expanded the definition of joint employer.
- The rule, which was stopped by a judge, would have provided additional labor protections at franchise locations.
- The bill knee caps a signification part of the Biden agenda, which would have expanded the definition of independent contractors, allowing them to benefit from more worker protections.
- Companies that use independent contractors have been criticized for using independent contractor status to avoid paying benefits, including workers compensation. Gig employers such as Lyft and Uber have come under similar fire.
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Court: Worker’s Illness not Work Related
- The Louisiana Court of Appeals rules that a worker who traveled frequently cannot collect benefits.
- A worker had to travel frequently to Texas for his job as an oil surveyor. During his travels he came down with COVID, which over time, became debilitating.
- He filed a workers’ comp claim asserting that because of his frequent travel, his illness arose during his employment. The employer denied the claim.
- The court stated that, while the statutes do not reference COVID specifically, there is no evidence to support that the occurrence or condition of COVID is “characteristic or peculiar” to the job of an oil field surveyor.
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