Inadequacies in the Kansas and Missouri’s Workers’ Compensation System Hurts Workers

The Kansas City Star recently published an article highlighting the critical failures and inadequacies of the Kansas workers’ compensation system and its goal to protect injured workers.  Republican-led legislative changes in 2011 were a major ‘deform’ and greatly benefited insurers and employers, but restricted benefits for injured workers.  Although Missouri’s comp system is only marginally better, it too has been subjected to recurring Republican-led legislative attacks, aimed at reducing benefits and protections to workers in this state. 

Recently, the Missouri Supreme Court heard oral argument in Klecka v. Treasurer, which squarely implicates the traditional protections afforded by the SIF.  Boyd Kenter Thomas & Parrish filed an amicus brief (friend of the court) on behalf of the Missouri AFL-CIO and Kansas City AFL-CIO, in an effort to help the Court understand the importance of maintaining the viability of the SIF. 

At issue is whether Mr. Klecka is entitled to total disability benefits against the SIF. The Labor and Industrial Relations Commission said he was not entitled to them, but the Court of Appeals for the Eastern District of Missouri disagreed, and reversed the decision, holding that “…if an employee establishes, he or she is PTD as a result of a work-related injury, either the employer or the Fund is liable, not neither.” Because the Missouri Supreme Court accepted transfer, that language, unfortunately, is rendered useless, as if the opinion never existed.

Since 2005, when the Republican party assumed a super-majority in the Missouri legislature, no legislation has been passed which enhanced benefits or protections for Missouri’s working class. Instead, the laws have continued to restrict access to benefits for the most severely disabled. New changes that went into effect as of 1/1/14, limited access to Second Injury Fund (SIF) benefits for those who are totally disabled due to a combination of new injuries and pre-existing disabilities. Around since the 1940’s, the SIF protected not only totally disabled workers, but also shielded employers by acting as a form of insurance and protection against total disability claims.

Everyone in Missouri is awaiting the outcome of the appeal, as it will have far-reaching implications for all stakeholders in the comp system.  If Mr. Klecka loses his benefits and the Court upholds the denial of benefits, will anyone ever again be able to prove they are entitled to total disability benefits against the SIF?