The Broken Worker Comp System in Kansas

Written on February 23, 2016 by jakelowen in Action Alerts

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A recent change in the workers’ compensation appeal process results in a broken system that places workers at a disadvantage, and injured workers are not fairly compensated for injuries they suffer.

In 2013 the Kansas Legislature created a committee of seven members to review the appointment of judges to review disputed workers’ compensation cases after a worker is injured on the job. Previously these administrative law judge nominees were chosen by a two-member panel — one representing business and the other representing labor.

Under the new system for selecting judges, the seven permanent members are made up primarily of groups that oppose workers’ rights: Kansas Chamber of Commerce, National Federation of Independent Businesses, Kansas State Council for Human Resource Management, Kansas Self-Insurers Association, two people named by the Kansas Secretary of Labor, and a person named by the Kansas AFL-CIO labor union.

Because of the Brownback administration’s support of business interests, only two members are likely to support workers—the persons selected by the Kansas AFL-CIO and the Kansas Secretary of Labor. However, the governor and current state leaders expect the appointee of the Kansas Secretary of Labor to reflect the administration’s views opposing workers’ rights; consequently, six members of the committee do not represent the interests of working Kansans. This nominating committee picks nominees for ten judges and five appeals adjudicators when the positions come open and votes on retention every four years.

The workers’ compensation program, founded in the early 1900s, should protect workers who are hurt on the job, and every state has laws that require employers through insurance companies to pay workers’ medical bills and some of their lost wages. However, the requirements vary by state, and a recent trend has seen states attacking workers’ rights for compensation.

This is why the Working Kansas Alliance is calling for the Kansas Legislature to support HB 2635 and HB 2636. HB 2635 calls for the chairperson of the Workers Compensation and Employment Security Board Nominating Committee to rotate yearly between employee organizations and employer organizations. HB 2636 would increase the transparency of the Workers Compensation and Employment Security Board Nominating Committee by having it subjected to the Kansas Opens Records Act and also states that interviews of possible judges cannot be held in executive session.

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