Kansas lawmakers are considering a bill that would change the language of the state's Work Compensation Code to redefine the term "accident."
H.B. 2016, filed for January 11, states that an accident is "an undesigned, sudden and unexpected traumatic event, usually of a suffering or unfortunate nature and often, but not necessarily, accompanied by a manifestation of force." Although an accident must be "identifiable by time and place of event, cause symptoms at the time of an injury and occur during a single shift," it must be a "significant factor in causing the injury," the bill states, eliminating the language that the accident must be "the prevailing factor in causing the injury."
The proposed revision maintains the language in which the accident "must under no circumstances be construed as involving repetitive trauma in any form." , the bill would eliminate the existing language that trauma must be "the prevailing" factor in causing the injury, and replace it with the requirement that it must be "an essential factor in causing the injury."
The bill would also eliminate slow age, which states that "an injury cannot be compensated simply because it aggravates, accelerates or aggravates an existing condition or makes an existing condition symptomatic."