[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1715 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1715
Respecting the relationship between workers' compensation benefits and
the benefits available under the Migrant and Seasonal Agricultural
Worker Protection Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 1995
Mr. Goodling (for himself, Mr. Fazio of California, Mr. Ballenger, Mr.
Andrews, Mr. Fawell, Mr. Stenholm, Mr. Hoekstra, Mrs. Thurman, Mr.
Funderburk, and Mr. Dooley) introduced the following bill; which was
referred to the Committee on Economic and Educational Opportunities
_______________________________________________________________________
A BILL
Respecting the relationship between workers' compensation benefits and
the benefits available under the Migrant and Seasonal Agricultural
Worker Protection Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that--
(1) the fundamental premise of the workers' compensation
system, which is the exclusivity of workers' compensation for
workplace injuries as an alternative to a fault-based system
relying on costly and lengthy litigation in the courts, must be
preserved,
(2) this premise was threatened by the decision in 1990 of
the United States Supreme Court in Adams Fruit Co. Inc. v.
Barrett, 494 U.S. 638, which held that migrant and seasonal
farmworkers could bring a private right of action for certain
job-related injuries under the Migrant and Seasonal
Agricultural Worker Protection Act even where the employer has
provided workers' compensation coverage of such farmworkers,
(3) the Adams Fruit decision did not reflect the intent of
the Congress when it enacted the Migrant and Seasonal
Agricultural Worker Protection Act in 1982,
(4) the Adams Fruit decision singles out agricultural
employers as the only employers in America who can be subjected
to lawsuits as a result of workplace injuries even where they
have provided workers' compensation to their employees,
(5) Congress expressed its disapproval of the Adams Fruit
decision in Public Law 102-392 by overturning the decision
until July 6, 1993, and
(6) it is essential that the exclusivity of workers'
compensation be permanently restored.
SEC. 2. WORKERS' COMPENSATION.
(a) Amendment.--Section 504 of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1854) is amended by
adding at the end thereof the following new subsection:
``(d)(1) Notwithstanding any other provision of this Act, where a
State workers' compensation law is applicable and coverage is provided
for a migrant or seasonal agricultural worker, the workers'
compensation benefits shall be the exclusive remedy for loss of such
worker under this Act in the case of bodily injury or death.
``(2) The exclusive remedy prescribed by paragraph (1) precludes
the recovery under subsection (c) of actual damages for loss from an
injury or death but does not preclude recovery under subsection (c) for
statutory damages or an injunction.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to all cases in which a final judgment has not been entered.
<all>