[Congressional Record Volume 141, Number 161 (Wednesday, October 18, 1995)]
[Extensions of Remarks]
[Page E1969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               H.R. 1715

                                 ______


                           HON. FRED HEINEMAN

                           of north carolina

                    in the house of representatives

                       Wednesday, October 18, 1995

  Mr. HEINEMAN. Mr. Speaker, I rise in strong support of H.R. 1715. The 
workers' compensation system was established to provide relief to 
injured employees in exchange for limited liability for the employer. 
Unfortunately, on March 21, 1990, the Supreme Court, in the case of 
Adams Fruit versus Barrett, ruled that an employee covered under the 
Migrant and Seasonal Agricultural Worker Protection Act [MSPA] could 
collect workers' compensation and still bring a private right of 
action.
  The decision in Adams Fruit places agricultural employers as the only 
employers in America who can be sued by their employees as a result of 
workplace injuries even where they have provided workers' compensation. 
This is unfair to our farmers, especially in those States where 
agricultural employers are required to participate in the workers' 
compensation system.
  I am proud to say that I am a cosponsor of H.R. 1715 and strongly 
support this legislation. When Congress passed MSPA, it did not intend 
for it to replace the workers' compensation system.
  Everyone wants to ensure that migrant and seasonal workers' rights 
are protected and H.R. 1715 does just that. North Carolina is one of 
the leading agricultural States in our Nation. Farmers in North 
Carolina and other States should not be singled out and treated any 
differently from other employers who provide workers' compensation. 
H.R. 1715 corrects this inequity. I urge my colleagues to vote ``yes'' 
on this bipartisan legislation. Our farmers deserve no less.

                          ____________________