President. I introduce legislation that would overturn a 1990 U.S. Supreme Court decision in Adams Fruit Co. versus Barrett and restore workers compensation as the exclusive remedy for loss under the Migrant and Seasonal Agricultural Worker Protection Act where a State workers compensation law is applicable and coverage is provided. This legislation embodies an agreement worked out by the National Council of Agricultural Employers and the Farmworkers Justice Fund and other farm worker advocacy groups. In the House this compromise will be offered as a substitute amendment to H.R. 1715. sponsored by Congressmen GOODLINo. FAZIO and others. By way of background. in 1985. 19 migrant farmworkers employed by the Adams Fruit Co. suffered injuries in an accident while they traveled to work in an Adams Fruit van. The company was found liable and the injured farmworkers were awarded damages to the fullest extent under Floridas workers compensation system. In addition. 10 of the workers filed suit against Adams Fruit for motor safety violations under the Migrant and Seasonal Agricultural Worker Protection Act. In the Adams Fruit decision. the U.S. Supreme Court held that the injured farmworkers could bring an action for damages under the Migrant and Seasonal Agricultural Worker Protection Act even though they were covered under State workers compensation for the same injuries. In so ruling. the court disregarded one of the basic concepts of workers compensation. the assurance of a prompt remedy in exchange for limited liability on the part of the employer. As a result. agricultural employers who pay the cost of workers compensation for farmworkers are not receiving the protection from lawsuits that all other employers providing workers compensation receive. The legislation I am introducing today would reverse the effects of the Adams Fruit decision and restore the exclusivity of workers compensation. Specifically. the bill: Amends the Migrant and Seasonal Agricultural Worker Protection Act to provide that where workers compensation coverage is provided under a State workers compensation law for a migrant or seasonal agricultural worker. workers compensation will be the farmworkers exclusive remedy and the employers sole liability under the act for bodily injury or death. Provides for increased statutory damages under the Migrant and Seasonal Agricultural Worker Protection Act in cases where actual damages are precluded because the workers injury is covered under a State workers compensation law and the court finds the defendants actions meet certain criteria set forth in the legislation. such as the defendant knowingly permitting a driver to drive farmworkers while under the influence of alcohol. Provides for tolling of the statute of limitations on actions brought under the Migrant and Seasonal Agricultural Worker Protection Act during the period of time a claim under a State workers compensation law is pending. Requires disclosure of information regarding workers compensation coverage to migrant farmworkers and upon request to seasonal farmworkers. TE 28087 helping ensure that farmworkers have adequate information to file timely claims for workers compensation. and Allows the Secretary of Labor to determine the appropriate level of liability insurance required by employers engaged in transporting farmworkers. helping increase the ability of persons to obtain insurance. Mr. President. the appropriate relationship between workers compensation benefits and benefits available under the Migrant and Seasonal Agricultural Worker Protection Act has been debated at great length since the Adams Fruit decision. Many have tried to reconcile the legitimate interests of both agricultural employers and farmworkers in this issue. In the 102d Congress I sponsored legislation. and I worked very hard. meeting with representatives of agriculture from around the Nation. with representatives of farmworkers. with Congressman FAZIO. with Congressman BERMAN and others. in an effort to achieve consensus.
Keywords matched
migrant Migrant