Statement of-Continued Nyhan, Thomas, executive secretary, Illinois Self-Insurance Associa- Perkel, George, consultant, Occupational Safety and Health, Amal- Seeley, Barrett K., assistant director, Department of Social Security, Sheehan, John J., legislative director, assistant to the president, United Shoff, Steven M., vice president, American-Monarch Machine Co., Taft, Robert, Jr., general counsel, Special Committee for Workplace Touby, Harry, Duffey Construction Co., Miami, Fla., accompanied by Prepared statements, letters, supplemental materials, etc. Beard, Hon. Edward, a Representative in Congress from the State of Brain, Donald C., president, the Independent Insurance Agents of Browning, Pamela, National Association of Farmworker Organiza- Bunn, J. Howard, vice president, National Association of Independent Burkhardt, Francis X., research director, International Brotherhood Callas, Michael, president, Callas Contractors, Inc., representing the "Comparison of National Commission Expected Cost Increases "Delay in Benefits Common in Harbor Injury Disputes," news- Flockhart, Robert W., counsel, American Insurance Association, prepared statement with attachments... Head, R. Pierce, senior vice president, Georgia Power Co., Atlanta, Joyner, Robert P., chairman, Industrial Commission of Virginia, Lawn Sprayers Association of Michigan, statement presented by Merchant, James A., M.D., Dr. P.H., director, Division of Respira- Pago 257 61 72 210 271 460 181 148 266 1 48 93 156 336 188 205 201 283 449 424 55 345 471 Prepared statements, letters, supplemental materials, etc.—Continued Nichols, Charles E., general treasurer and director of legislation, Nyhan, Thomas, Esq., executive secretary, Illinois Self-Insurers Asso- Perkel, George, consultant, Occupational Safety and Health, Amalga- Seeley, Barrett K., assistant director, Department of Social Security, Steelworkers Legislative Newsletter, dated April 23, 1980.. Shoff, Steven M., vice president, American-Monarch Machine Co., Stiles, Mary Ann, representing the Associated Industries of Florida APPENDIX American Federation of Labor, Congress of Industrial Organizations, executive council: Page 434 457 229 59 215 273 278 277 465 165 100 Background report, workers' compensation system data and S. 2153- 496 495 Associated Industries of Florida, Tallahassee, Fla.: Employer's Handbook on the new Florida Workers' Compensation 707 Florida Workers' Compensation Law, 1979 edition. 549 "Special Notice" subject "Permanent Partial Disability Study," "Brown Lung: The Carolina's Don't Care For Their Own," statement of the Brown Lung Association by Paul Cline_ - Chemical Manufacturers Association, statement of.. 777 498 533 Cox, James A. Jr., executive director, National Association of Rehabilitation Facilities, letter to Chairman Beard, dated May 20, 1980, enclosing a statement. 517 Harris, Richard H., president, Curtis & Marble Corp., statement of ----Haskell, Donald M., chairman, section of tort and insurance practice, statement on behalf of American Bar Association____. 530 536 491 801 LaFalce, Hon. John J., a Representative in Congress from the State of Machinery and Allied Products Institute, statement of 799 485 Page National Association of Casualty and Surety Agents, statement of___ 540 539 537 Letter to Chairman Beard, dated June 11, 1980.. Shockley, W. Ray, executive vice president, American Textile Manufacturers Institute, Inc.: 525 526 Swing, J. Baxter, chief, Bureau of Workmen's Compensation, State of 797 518 NATIONAL WORKERS' COMPENSATION STANDARDS ACT OF 1979 TUESDAY, MARCH 25, 1980 HOUSE OF REPRESENTATIVES, COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 9:40 a.m. in room 2257, Rayburn House Office Building, Hon. Edward P. Beard (chairman of the subcommittee) presiding. Members present: Representatives Beard and Erlenborn. Staff present: Earl Pasbach, counsel; John Smollins, administrative assistant; Mary Lou Granahan, research assistant; Bruce Wood, minority counsel. Mr. BEARD. The Subcommittee on Labor Standards will now come to order, Good morning, ladies and gentlemen. This is one of a series of hearings dealing with workman's compensation. I have introduced H.R. 5482, and today is one of the committee hearings that we will have on this piece of legislation. I have a prepared opening statement that will be submitted for the record. [The opening statement of Chairman Edward Beard follows:] OPENING STATEMENT OF CHAIRMAN EDWARD P. BEARD Good morning ladies and gentlemen. This morning the Subcommittee on Labor Standards will begin its consideration of H.R. 5482, which I introduced last fall. We will have further hearings on this bill in Washington on March 26, April 1, 17, 23, May 1 and May 15. This legislation essentially mandates that State workmen's compensation laws comply with certain Federal standards, which are laid out in the legislation and with rules and regulations promulgated by the Secretary of Labor. The report of the National Commission on State Workmen's Compensation Laws found generally that State workmen's compensation laws did not meet the needs of the Nation's work force. The application of Federal standards to State workmen's compensation laws has been embodied in Federal legislation in congressional sessions since the early 1970's. With regard to some specific standards, H.R. 5482 would require that all employees in the private sector be covered by workmen's compensation; that they receive the sum of % of their average weekly wage in compensation for total disability or death; that there be no maximum limitation on total benefits for death or total disability, or medical or rehabilitative services; that each year the maximum ceiling benefits are to be adjusted to reflect annual changes in the statewide average weekly wage; and, concerning the very controversial matter of occupational disease, that compensation not be denied because the disease is peculiar to the employment, or is not the result of an accident, or does not appear on a list of compensable diseases. Also, the Secretary of Labor may promulgate, modify or revoke standards for establishing reasonable, rebuttable presumptions, wherever appropriate, in the proof of causation of occupational disease. This legislation further requires the Secretary of Labor to conduct studies of compensation for partial disability and to test its effectiveness. Another important feature of this bill gives the American worker the right to bring an action for supplemental compensation before the Federal Benefits Review Board, if the State in which he resides fails to provide workmen's compensation laws in compliance with the standards laid out in this bill. It is my belief that the standards embodied in H.R. 5482 are still sorely needed, 7 years after the issuance of the report of the national commission. As of 1979, the progress of State compliance with its 19 essential recommendations had only reached 11.9 per State, and no State has complied with all 19 recommendations. Progress in the adoption of these standards has been too slow. We shall hear from members of the Carolina Brown Lung Association, who have complained for many years of the difficulty which they have in winning compensation awards for the various serious lung problems, which they have suffered after working for many years in the cotton mills in the south. The plight of these hard working Americans is a sad reflection on the lack of progress in certain States' workmen's compensation laws. In addition, the hearings that this committee held last spring and summer on occupational disease make it quite clear that presumptions may in such circumstances be necessary to link such diseases with the workplace. I believe that the enactment of H.R. 5482 is long overdue. We have seen that the States have not made sufficient progress in establishing the necessary standards to meet the needs of the American worker in 1980 who falls victim to traumatic injury or occupational disease. He must not be financially penalized because he lives in one State and not in another. He has a right to expect the same fairness and protection in compensation throughout the various States of this country. This legislation insures that if the worker cannot find adequate standards in his own State, he will have the opportunity to file a supplemental claim with the Federal Benfits Review Board to insure such coverage. The mobility of the American worker, which has exposed him to various chemicals, radiation, mining products and other agents at various times and in different localities, can lead to confusion and complexity in determining the causation of an illness to which he falls victim in later life. In such a setting, it is only through Federal standards that his needs can be properly met. [Text of H.R. 5482 follows:] |