Workers’ compensation benefits could exclude pre-existing conditions

The Business and Labor Committee heard testimony March 14 on a bill that would limit employers’ liability for accidents primarily resulting from pre-existing conditions.

Under LB348, introduced by Omaha Sen. Scott Lautenbaugh, workplace injuries resulting from degenerative conditions would not be compensable.

Lautenbaugh said the bill is designed to protect employers from liability for injuries that are not work-related. The bill would make a change in workers’ compensation law, he said, to require that a work-related accident be the prevailing cause of a disability in order to qualify for workers’ compensation.

Lincoln attorney Timothy Clarke testified in support of the bill. Currently, Clarke said, employers are liable for work-related accidents as well as any pre-existing conditions that may have caused them.

Lincoln attorney Todd Bennett testified in opposition to the bill, saying it would discriminate against older workers. Furthermore, he said, it would violate the equal protection of workers who have no symptoms and are not aware of pre-existing conditions.

The committee took no immediate action on the bill.