Session of 1999
SENATE BILL No. 353
By Committee on Ways and Means
3-16
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
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2
1 medical evidence to a reasonable
probability, that such emphysema was
2 caused, solely and independently of
all other causes, by the employment
3 with the employer against whom the
claim is made, except that, if it is
4 proved to a reasonable medical
probability that an existing emphysema
5 was aggravated and contributed to by
the employment with the employer
6 against whom the claim is made,
compensation shall be payable for the
7 resulting condition of the
workman employee, but only to the extent
such
8 condition was so contributed to and
aggravated by the employment.
9 (c) In no
case shall an employer be liable for compensation under
10 this section unless disablement results
within one (1) year or death results
11 within three (3) years in
case of silicosis, or one (1) year in case of
any
12 other occupational disease, after the last
injurious exposure to the hazard
13 of such disease in such employment, or, in
case of death, unless death
14 follows continuous disability from such
disease, commencing within the
15 period above limited, for which
compensation has been paid or awarded
16 or timely claim made as provided in the
workmen's workers compensation
17 act, and results within seven
(7) years after such last exposure. Where
18 payments have been made on account of any
disablement from which
19 death shall thereafter result such payments
shall be deducted from the
20 amount of liability provided by law in case
of death. The time limit pre-
21 scribed by this section shall not apply in
the case of an employee whose
22 disablement or death is due to occupational
exposure to ionizing radiation.
23 (d) Where an
occupational disease is aggravated by any disease or
24 infirmity, not itself compensable, or where
disability or death a medical
25 condition arising from any other
cause, not itself compensable, is aggra-
26 vated, prolonged, accelerated or in any
wise way contributed to by an
27 occupational disease, the compensation
payable shall be reduced and
lim-
28 ited to such proportion only of the
compensation that would be payable
29 if the occupational disease were
the sole cause of the disability or death,
30 as such occupational disease, as a
causative factor, bears to all the causes
31 of such disability or death, such
reduction in compensation to be effected
32 by reducing the number of weekly or
monthly payments or the amounts
33 of such payments, as under the
circumstances of the particular case may
34 be for the best interest of the
claimant or claimants only to the extent it
35 may be proved by clear and convincing
medical evidence to a reasonable
36 probability that the claimed
occupational disease aggravated or contrib-
37 uted to the previously existing
occupational disease or other noncom-
38 pensable medical condition.
39 (e) No
compensation for death from an occupational disease shall be
40 payable to any person whose relationship to
the deceased employee or
41 workman arose subsequent to the beginning
of the first compensable
42 disability save only to afterborn
children.
43 (f) The
provisions of K.S.A. 44-570 shall apply in case of an occupa-
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1 tional disease.
2 Sec. 2. K.S.A.
44-5a01 is hereby repealed.
3 Sec. 3. This act
shall take effect and be in force from and after its
4 publication in the statute book.