KY Bill to Cut Work Comp Tabled… For Now

Frankfort, KY (WorkersCompensation.com) — The juxtaposition of Officer Nick Rodman’s recent death and a proposed law to cap first responder benefits is all the more reason the Fraternal Order of Police (FOP) is fighting to keep their existing workers’ compensation.

Since a March 13 interview with WorkersCompensation.com, 69^th District Rep. Adam Koenig (R-Erlanger), who sponsored Bill 296, which if passed, would cut workers’ compensation benefits for all Kentucky workers, the legislator was bombarded with mass emails and calls to table the bill.

“It seemed to work,” according to Nicolai Jilek, FOP delegate and legislative agent for Lodge 614. Literally taking time out for Officer Rodman’s funeral proceedings Tuesday, Jilek said he was grateful the grassroots effort by the AFLICO, firefighters and labor organizations worked. “We were very happy this did not pass, it was a really bad bill for us,” he said.

Noting although he did not want to politicize Officer Rodman’s death, Jilek said “for me personally, the whole juxtaposition of the funeral and the circumstances around his death on duty to me is really a stark contrast because when one of us dies in the line of duty, the notice of sacrifice is incredible.” The officer said he is undoubtedly sure legislators “will pick it back up in future sessions.”

And he is right, per the Department of Public Affairs for the Kentucky Chamber of Commerce. 

Director Kate Shanks said her and colleagues worked for several months with Rep. Koenig to craft legislation and will continue to do so. “We are very disappointed the bill didn’t pass in the final hours of the legislative session,” she said of the final March 30 session for the year.

According to the chamber representative, members are very concerned with the workers’ compensation system, saying commerce owners are particularly concerned with “risks they are exposed to” due to court decisions. “This is something we have been talking about for years while working with legislators,” she said. “You can expect the chamber to be focused on workers’ comp.”

The national trend of first responders fighting for better coverage gets more prevalent every day in the industry, with both Florida SB 1088 and Texas HB 1983 gaining nationwide news on their fight for first responders to be eligible for Post-Traumatic Stress Disorder. Meanwhile, the Kentucky bill is fighting to stop major cuts that include ceasing workers’ compensation benefits at age 70 and switching out insurance with Medicare; stopping benefits for repeated manual injuries five years after an employee stopped working at the particular job; and lastly, capping payments for partial permanent disabilities at 15 years.

“Officers want to get back on the streets,” Jilek said of the cap on partial disability payments. “I feel strongly, and so do my members, that if we are injured in the line of duty, that sacrifice should be honored with same rigor as if we died in the line of duty.” The FOP representative said Rep. Koenig attempted to mislead the public concerning the first responders’ feelings about the bill.

Ched Jennings, principal attorney with Jennings Law Office, out of Louisville, KY, said while his team wants to work with the chamber and legislators in the future, he was disheartened when “this time around it got to be little bit personal.”

“I don’t think that is true or what is happening here,” said Jennings of the representative’s attacks on the FOP for allegedly misleading the public. “I think Rep. Koenig didn’t completely understand the issues or workers’ comp.”

Jennings, who sat on a 2016 Workers’ Compensation Task Force with the legislator, said after 11 straight years, premiums in Kentucky have gone down. “Things are good for employers in Kentucky, and all the savings have been shouldered by injured workers who haven’t had their benefits increased since the year 2000,” he said. 

Jilek said though he is not a seasoned politician, the bill was the tip of the iceberg when recruitment and retention is nearly at rock bottom. “Things like this bill are incredulous for us,” he said, adding that while flags remain half-staffed for Officer Rodman, it continues to leave him contemplating effects of the bill. “In 15 years, he would have been forced to go on his own insurance unless he had a total permanent disability.” 

Jilek said he and the FOP will continue to fight the bill in 2018.  

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