60-4906. Same; affect on other laws. - Kansas Statutes

60-4906

Chapter 60.--PROCEDURE, CIVIL Article 49.--SILICA AND ASBESTOS CLAIMS ACT

      60-4906.   Same; affect on other laws.(a) Nothing inK.S.A. 2009 Supp.60-4901 to 60-4905, inclusive, and amendmentsthereto, is intended or shall beconstrued to:

      (1)   Apply to or affect the rights of any party in bankruptcy proceedings.

      (2)   Apply to or affect the ability of any person who is able to make ashowing that thepersonsatisfies the claim criteria for compensable claims or demands under a trustestablishedpursuant to a plan of reorganization under Chapter 11 of the United StatesBankruptcyCode, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.

      (b)   K.S.A. 2009 Supp.60-4901 to 60-4905, inclusive, and amendments thereto,shall not:

      (1)   Apply to or affect the scope or operation of any workers' compensationlaw orveterans'benefit program or the exclusive remedy of subrogation under the provisions ofthat lawor program; and

      (2)   authorize any lawsuit that is barred by any provision of any workers'compensationlaw.

      (c)   Nothing in this act, and amendments thereto, shall requirethe exhumation of bodies in making the prima facie showing as required byK.S.A. 2009 Supp.60-4902, andamendments thereto, or rebutting the presumption as provided in K.S.A. 2009Supp. 60-4902,and amendmentsthereto.

      History:   L. 2006, ch. 196, § 6; July 1.