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Changes in workers' comp benefits appear doubtful

TOPEKA — The chairman of a subcommittee working on a bill that would increase the caps on some workers’ compensation benefits said Wednesday the proposal was probably dead for the session.

“The fact is this is an extremely complicated issue,” state Sen. Dick Kelsey, R-Goddard, said at the conclusion of a 1 1/2 hour subcommittee meeting that brought about 40 lobbyists from various interest groups. “The ability to actually pass this bill in the couple of weeks left of this session is probably not a reality,” he said.

But Senate Democratic Leader Anthony Hensley of Topeka held out hope. “The subcommittee has some options in front of them,” he said.

Senate Bill 258 would make cost of living adjustments to the maximum payments for injuries that cause permanent disabilities. The current maximum caps haven’t been raised in 22 years. The maximum benefit for an employee who is permanently and totally disabled is $125,000.

Business groups oppose the bill saying it would increase employer-paid workers’ comp premiums. But labor and trial attorney groups say the increase would be minimal. An estimate from an insurance industry group said the bill would raise premiums 2.4 percent.

And Hensley said any premium increase could be lessened if the increase in the caps were phased in over several years.

By Scott Rothschild

March 12, 2009

Statehouse Briefing