Insurance interests are hoping the Kansas Senate will override a gubernatorial veto of a measure that would reduce some workers' compensation benefits in the state, a trade group representative said.

Democratic Gov. Kathleen Sebelius–citing concerns about the bill's effect on war-injured veterans and the fact that the state's workers' comp insurance rates are the seventh-lowest in the nation–vetoed the measure on Monday.

Jona Van Deun, a representative for the Property Casualty Insurers Association of America (PCI), said by e-mail that a meeting today of business groups had reached no consensus on what action to take.

Ms. Van Deun said they decided to “watch and see what course of action the Senate takes”–where there is a possibility of an override. A two-thirds majority of both houses is needed to overturn a veto.

The measure originally passed the Republican-controlled Senate on a 28-12 vote. Republicans also control the House, where the bill was approved 67-56, making chances of an override there a more difficult proposition.

Don Cleasby, vice president, regional manager and counsel for PCI, said in a statement that the bill (SB 461) would make needed reforms “to improve the business climate and restore balance and fairness to the state's workers' compensation program.”

“This proposed legislation would have made it less likely that employers would pay for workers' compensation preexisting conditions that were not work-related,” he said. “It also would not allow for an employee to reopen a claim if they were unemployed due to a downturn in the economy.”

In addition, it simplified the test for work-related disability benefits. Current law requires a review of an injured worker's employment history over the past 15 years to analyze job tasks performed. This legislation would have reduced that window to five years.

PCI said it had lobbied for the measure with the Kansas Chamber of Commerce and other “pro-business organizations,” telling lawmakers that workers' comp coverage was never intended to provide payment for non-work-related injuries.

Gov. Sebelius, in her veto message, said, “Veterans have told me they're appalled that the physical hardships they endured during their military service would be used against them, and I share their concerns. During a time when we have thousands of Kansans serving overseas, the idea of penalizing them for their military service is outrageous.”

Gov. Sebelius, formerly the state's insurance regulator and a past president of the National Association of Insurance Commissioners, said she also vetoed the bill because it would allow a worker to be terminated simply because of an injury on the job.

Special Reports /

Insurers Hope For Veto Overturn In Kansas

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