State DOL to Draft Presumption Regulations for Responders, Health Care Workers

Wednesday, April 22, 2020 | 0

Kansas Gov. Laura Kelly has directed the state Department of Labor to draft regulations and potential legislation to create a presumption that the COVID-19 illness in first responders and health care workers arises out of employment.

Gov. Laura Kelly

The department will submit temporary regulations, which would be backed up with action by the Legislature at its next regular or special session, the governor said, according to a Kansas news report.

While several state legislatures have moved to expand presumptions for first responders and other frontline workers, Illinois appears to be the only other state to adopt the coverage through agency rulemaking. The Kansas Department of Labor said it would oblige the governor's request.

“KDOL stands ready to assist in this expansion of workers' compensation coverage for our health care workers and emergency responders,” said Labor Secretary Delía García. “We are working on the regulation and reviewing Kansas’ current work comp statutes now.”

The governor will also ask lawmakers to establish a special fund to provide benefits to frontline workers who contract the disease and are found to be not covered.

“It is imperative that we stand behind emergency responders, health care workers and the many other steadfast Kansans who serve the public each and every day, at risk to their own personal health and safety,” Kelly said.