Speech #1030080723

Mr. President. today I join my fellow Senators in introducing legislation which will permanently overturn the 1990 Adams Fruit Supreme Court decision. That decision was based on an interpretation of the Migrant and Seasonal Agricultural Worker Protection Act. The Court ruled that the act permitted an agricultural worker to sue his employer for damages occurring from a workplace injury. or deatheven when the worker was already covered by workers compensation. In Washington State. where agricultural employers must provide workers compensation for their seasonal workers. this ruling negatively impacts the agricultural employer. The employer is accountable for making payments to the workers compensation program which gives the employee protection coverage. Yet under this decision the employer still potentially faces Indeterminate liability for damages if the injured employee chooses to file suit. In the 14 States where providing workers compensation coverage remains an option. this decision removes the incentive for the agricultural employer to provide this coverage for his seasonal or migrant workers. This adversely affects those migrant and seasonal workers whose only recourse for injury becomes costly and timeconsuming litigation. The workers compensation system was devised to benefit and protect both the employee and the employer. Workers compensation provides the employee prompt payments for injuries. in return the employee agrees to receive exclusive coverage for his injuries under the workers compensation system. thus protecting the employer from further suits. This system benefits both the employer and employee by keeping the settlement process out of the courts. The Supreme Court decision removed the cornerstone upon which all work6949 097 Vol. 139 (14 16) 7 ers compensation programs are comprisedexclusivityand placed the entire workers compensation system at risk. This decision essentially gives migrant farmworkers greater scope for redress than any other group of employees in the United States. by allowing them to potentially receive two settlements for the same injury. The Adams Fruit decision does not reflect the intent of Congress when it passed the Migrant and Seasonal Agricultural Worker Protection Act. To express disapproval of the Adams Fruit decision. Congress passed an amendment at the close of the 102d Congress which temporarily imposed a moratorium on new cases until July 1993. This amendment will permanently overturn the Adams Fruit decision. It will prohibit a worker covered by workers compensation from also filing a lawsuit for tort damages under the Migrant and Seasonal Agricultural Worker Protection Act. This will restore the exclusive remedy of workers compensation for workplace injuries. I feel it is important to note that a worker who is not covered by workers compensation can sue for such damages.