Session of 1999
HOUSE BILL No. 2520
By Committee on Federal and State Affairs
2-17
9 AN ACT concerning the workers compensation act; relating to occupa-
10 tional diseases; amending K.S.A. 44-5a01 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 44-5a01 is hereby amended to read as follows: 44-
15 5a01. (a) Where the employer and employee or workman are subject by
16 law or election to the provisions of the workmen's workers compensation
17 act, the disablement or death of an employee or workman resulting from
18 an occupational disease as defined in this section shall be treated as the
19 happening of an injury by accident, and the employee or workman or, in
20 case of death, his the employee's dependents shall be entitled to com-
21 pensation for such disablement or death resulting from an occupational
22 disease, in accordance with the provisions of the workmen's workers com-
23 pensation act as in cases of injuries by accident which are compensable
24 thereunder, except as specifically provided otherwise for occupational
25 diseases.
26 (b) "Occupational disease" shall mean only a disease arising out of
27 and in the course of the employment resulting from the nature of the
28 employment in which the employee was engaged under such employer,
29 and which was actually contracted while so engaged. "Nature of the em-
30 ployment" shall mean, for purposes of this section, that to the occupation,
31 trade or employment in which the employee was engaged, there is at-
32 tached a particular and peculiar hazard of such disease which distin-
33 guishes the employment from other occupations and employments, and
34 which creates a hazard of such disease which is in excess of the hazard
35 of such disease in general. The disease must appear to have had its origin
36 in a special risk of such disease connected with the particular type of
37 employment and to have resulted from that source as a reasonable con-
38 sequence of the risk. Ordinary diseases of life and conditions to which
39 the general public is or may be exposed to outside of the particular em-
40 ployment, and hazards of diseases and conditions attending employment
41 in general, shall not be compensable as occupational diseases: Provided,
42 That. Compensation shall not be payable for pulmonary emphysema or
43 other types of emphysema unless it is proved, by clear and convincing
44 medical evidence to a reasonable probability, that such emphysema was
45 caused, solely and independently of all other causes, by the employment
46 with the employer against whom the claim is made, except that, if it is
47 proved to a reasonable medical probability that an existing emphysema
48 chronic obstructive pulmonary disease, including, but not limited to,
49 asthma, bronchitis and emphysema or other types of emphysema, unless
50 it is proved by clear and convincing medical evidence to a reasonable
51 probability that such chronic obstructive pulmonary disease was caused,
52 solely and independently of all other causes, by the employment with the
53 employer against whom the claim is made, except that if it is proved to a
54 reasonable medical probability that an existing chronic obstructive pul-
55 monary disease was aggravated and contributed to by the employment
56 with the employer against whom the claim is made, compensation shall
57 be payable for the resulting condition of the workman employee, but only
58 to the extent such condition was so contributed to and aggravated by the
59 employment.
60 (c) In no case shall an employer be liable for compensation under
61 this section unless disablement results within one (1) year or death results
62 within three (3) years in case of silicosis, or one (1) year in case of any
63 other occupational disease, after the last injurious exposure to the hazard
64 of such disease in such employment, or, in case of death, unless death
65 follows continuous disability from such disease, commencing within the
66 period above limited, for which compensation has been paid or awarded
67 or timely claim made as provided in the workmen's workers compensation
68 act, and results within seven (7) years after such last exposure. Where
69 payments have been made on account of any disablement from which
70 death shall thereafter result such payments shall be deducted from the
71 amount of liability provided by law in case of death. The time limit pre-
72 scribed by this section shall not apply in the case of an employee whose
73 disablement or death is due to occupational exposure to ionizing radiation.
74 (d) Where an occupational disease is aggravated by any disease or
75 infirmity, not itself compensable, or where disability or death from any
76 other cause, not itself compensable, is aggravated, prolonged, accelerated
77 or in any wise contributed to by an occupational disease, the compensa-
78 tion payable shall be reduced and limited to such proportion only of the
79 compensation that would be payable if the occupational disease were the
80 sole cause of the disability or death, as such occupational disease, as a
81 causative factor, bears to all the causes of such disability or death, such
82 reduction in compensation to be effected by reducing the number of
83 weekly or monthly payments or the amounts of such payments, as under
84 the circumstances of the particular case may be for the best interest of
85 the claimant or claimants.
86 (e) No compensation for death from an occupational disease shall be
87 payable to any person whose relationship to the deceased employee or
88 workman arose subsequent to the beginning of the first compensable
89 disability save only to afterborn children.
90 (f) The provisions of K.S.A. 44-570 shall apply in case of an occupa-
91 tional disease.
92 Sec. 2. K.S.A. 44-5a01 is hereby repealed.
93 Sec. 3. This act shall take effect and be in force from and after its
94 publication in the statute book.