Kansas Governor Vetoes Workers' Comp Benefit Cut

Kansas Democratic Gov. Kathleen Sebelius has vetoed a Republican measure to reduce workers' compensation benefits, citing opposition from veterans and the fact that state benefit levels are the seventh-lowest in the nation.

Under language in the bill, any compensation award would have been reduced by the amount of functional impairment from a preexisting injury, or by the percentage of impairment that the preexisting condition contributed to the work injury–as judged by a doctor.

“Preexisting medical conditions are already factored into benefits, calling into question the need for this legislation,” said the governor, in her veto message.

The governor is very familiar with the challenges facing workers' compensation, having previously served as the state's insurance regulator as well as president of the National Association of Insurance Commissioners. She noted that Kansas workers' comp rates are currently the eighth-lowest in the nation, and said employers have saved nearly $113 million after reforms were passed in 1993, while premiums will decline 2 percent this year.

“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,” the governor said. “During a time when we have thousands of Kansans serving overseas, the idea of penalizing them for their military service is outrageous.”

Gov. Sebelius said she also vetoed the bill because it would allow a worker to be terminated simply because of an injury on the job. “That's a slap in the face to the men and women who work hard every day to do their jobs in a safe and efficient manner, and it's simply wrong,” she added.

The bill was supported by the Kansas Chamber of Commerce. It was opposed by the Kansas Trial Lawyers Association, unions, veterans' organizations, teachers, nurses and firefighters.