Missouri senators are at odds over whether occupational disease victims should be allowed to sue their employers in civil courts.

Sen. Jason Crowell, R-Cape Girardeau, led a four-hour filibuster Wednesday night in the Missouri Senate during debate on a bill by Sen. Jack Goodman, R-Mount Vernon, that would make the workers' compensation system the exclusive remedy for occupational disease claims, including mesothelioma, a cancer caused by asbestos exposure.

Since workers' compensation reforms made in 2005, some victims of occupational diseases have sued their employers for negligence in civil court, a system that provides much larger settlements than under workers' compensation.

Goodman's bill is part of the Missouri Chamber of Commerce and Industry's "Fix the Six" legislative agenda, advocating reforms it believes will improve Missouri's business climate.

Initially, Goodman and Crowell were working together on the issue, and when the bill was filed in January it allowed occupational disease cases resulting from toxic exposure to be filed in civil court. But Goodman filed a substitute bill Wednesday, reversing his previous position and changing the bill's language to make workers' compensation the only way victims can recover damages after suffering any occupational disease.

Crowell said Thursday that he initiated the filibuster because he believes toxic exposure cases should be treated differently.

"An employer that has a work environment that is not as good as it could be, and should be, is making a bottom line, calculated judgment that it is easier to pay permanent total disability under workers' comp than to give my employees respirators when they work around asbestos or give my employees a more hygienic industrial workplace," Crowell said.

Not allowing toxic exposure cases to go to civil court provides a "perverse incentive" for employers to continue operating unsafe work environments without financial penalty.

"I think this is a legitimate public policy concern," Crowell said. His efforts are backed by Sen. Kevin Engler, R-Farmington, who said during Senate debate that he had a constituent who died in an occupational disease case.

Currently, the maximum lump sum payout Missouri's workers' compensation system allows for someone who is totally disabled, or dies, as a result of an occupational disease is equal to 400 weeks of their average pay.

Crowell proposed an amendment to Goodman's bill Wednesday night that would keep toxic exposure occupational disease cases in the workers' compensation system, but increase the lump sum payoff amount for total disability to 800 weeks' pay.

"I recognize the business community won't go along with this, but there is a median between 400 and 800 where we can change the equation and show employers you better clean your business up."

His amendment would also repeal current Missouri law that says a totally disabled occupational disease victim who sues a third party, such as a chemical manufacturer, and wins must use the settlement money to pay his or her employer back for workers' compensation benefits previously paid to them.

Shortly after Crowell's amendment was offered late Wednesday night, Goodman agreed to hold off on a vote on his bill while the senators pursue a compromise.

The Senate is expected to pick debate back up during next week's session.

"I hope we will have a meaningful resolution, or I will continue to filibuster the bill," Crowell said.

Tracy King, vice president of governmental affairs with the Missouri Chamber, said her organization is aware of Crowell's position.

"We have spoke with Sen. Crowell and we are working to address his concerns with SB8 and to see if there is a legislative solution to the issues he has raised without significantly increasing workers' compensation costs disproportionally to all employers," she said in an e-mail interview.

Goodman's bill also would ensure that employees aren't liable for the workplace injuries of their coworkers. This portion of the bill has nearly unanimous Senate support, Crowell said.

mmiller@semissourian.com

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