Glossary Check
Under Kansas law, the disablement or death of an employee resulting from an occupational disease “shall be treated as the happening of an injury by accident,” thus entitled the employee or her dependents to workers’ compensation benefits.
As Simply Research subscribers know, Kansas defines “occupational disease” and related terms as follows.
Occupational Disease
“Occupational disease” shall mean only a disease arising out of and in the course of the employment resulting from the nature of the employment in which the employee was engaged under such employer, and which was actually contracted while so engaged.
Nature of the Employment
“Nature of the employment” shall mean, for purposes of this section, that to the occupation, trade or employment in which the employee was engaged, there is attached a particular and peculiar hazard of such disease which distinguishes the employment from other occupations and employments, and which creates a hazard of such disease which is in excess of the hazard of such disease in general.
Special Risk
The disease must appear to have had its origin in a special risk of such disease connected with the particular type of employment and to have resulted from that source as a reasonable consequence of the risk. Ordinary diseases of life and conditions to which the general public is or may be exposed to outside of the particular employment, and hazards of diseases and conditions attending employment in general, shall not be compensable as occupational diseases, except that compensation shall not be payable for pulmonary emphysema or other types of emphysema unless it is proved, by clear and convincing medical evidence to a reasonable probability, that such emphysema was caused, solely and independently of all other causes, by the employment with the employer against whom the claim is made, except that, if it is proved to a reasonable medical probability that an existing emphysema was aggravated and contributed to by the employment with the employer against whom the claim is made, compensation shall be payable for the resulting condition of the workman, but only to the extent such condition was so contributed to and aggravated by the employment.
Case Examples
Burton v. Rockwell International, No. 75,729 (Kan. 1998). A disability resulting from an occupational disease is defined in the following manner: “‘[D]isablement’ means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee’s work in the last occupation in which injuriously exposed to the hazards of such disease, and ‘disability’ means the state of being so incapacitated.”
Garcia v. Tyson Fresh Meats, Inc, No. 94,179 (Kan. 2006). An employee who has been affected by an occupational disease caused by employment should be compensated for the effects of the disease. While a disability may not preclude a worker from earning a comparable wage, it may have a permanent adverse effect on his or her quality of life or ability to work at other employment.
