The Kansas Legislature gave final approval yesterday to legislation setting medical requirements for silicosis and asbestos injury lawsuits.
An insurance group said they are urging Kansas Democratic Governor Kathleen Sebelius to sign the measure
A conference committee bill harmonizing differing House and Senate language for the measure got the final nod yesterday from the upper house by a 40-0 vote. The House vote for the bill on Monday was 111-11.
SB 512 establishes minimum standards necessary to verify asbestosis and silicosis. It also requires a work- and medical history, a diagnosis by a qualified physician, and recognized diagnostic tests.
The bill also allows each asbestos case to be tried on its own merits, not as part of a lawsuit bundling claims that may include claimants with certified injuries along with dozens of unimpaired claimants.
"This bill provides a fair and reasonable approach to asbestos litigation," said Don Cleasby, vice president, regional manager and counsel for Property Casualty Insurers Association of America (PCI).
He said the measure "prioritizes the ability of people who are actually sick from asbestos exposure to seek compensation, while preserving the rights of other workers should they eventually become sick from asbestos or silica exposure."
These reforms, he predicted, "will reduce the number of frivolous asbestos lawsuits, and prevent companies that did not produce asbestos from being sued into bankruptcy."
Mr. Cleasby noted that in 2004, Ohio enacted asbestos and silica medical criteria legislation, while Georgia, Texas and Florida followed suit in 2005.
If Gov. Sebelius signs the measure, Kansas will join those other states "to ensure that only the truly ill claimants from asbestos or silica exposure will be able to pursue an action in the state tort system," said Mr. Cleasby.
A representative for PCI, Jona Van Deun, said it was hard to predict what action Gov. Sebelius might take on the bill. Earlier this year she vetoed a workers' comp measure favored by insurers, saying it would hurt veterans and other workers by setting certain limits on claims.
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