Introduced Version
House Bill 2445 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2445
(By Delegate Hunt)
[Introduced February 14, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.]
A BILL to amend and reenact §23-4-23 of the Code of West Virginia,
1931, as amended, relating to workers' compensation;
disability and death benefits; permanent total disability; and
providing for cost-of-living allowances.
Be it enacted by the Legislature of West Virginia:
That §23-4-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-23. Permanent total disability benefits; reduction of
disability benefits; reduction of benefits;
application of section; cost-of-living allowances;
severability.
(a) This section is applicable whenever benefits are being
paid for permanent total disability benefits arising under subdivision (d), (m) or (n), section six of this article or under
section eight-c of this article. This section is not applicable to
the receipt of temporary total disability benefits, the receipt of
permanent partial disability benefits, the receipt of benefits by
partially or wholly dependent persons or to the receipt of benefits
pursuant to the provisions of subsection (e), section ten of this
article. This section is not applicable to the receipt of medical
benefits or the payment for medical benefits.
(b) Whenever applicable benefits are paid to a beneficiary
with respect to the same time period for which payments under a
self-insurance plan, a wage continuation plan or a disability
insurance policy provided by an employer are also received or being
received by the beneficiary, the applicable benefits shall be
reduced by these amounts:
(1) The after-tax amount of the payments received or being
received under a self-insurance plan, a wage continuation plan or
under a disability insurance policy provided by an employer if the
employee did not contribute directly to the plan or to the payment
of premiums regarding the disability insurance policy; or
(2) The proportional amount, based on the ratio of the
employer's contributions to the total insurance premiums for the
policy period involved, of the after-tax amount of the payments
received or being received by the employee pursuant to a disability
insurance policy provided by an employer if the employee did contribute directly to the payment of premiums regarding the
disability insurance policy: Provided, That in no event shall
applicable benefits be reduced below the minimum weekly benefits as
provided for in subdivisions (b) and (d), section six of this
article.
(c) Claimants eligible for and receiving permanent total
benefits under the provisions of this article shall be awarded
annual cost-of-living allowances based upon the Consumer Price
Index published by the United States Department of Labor.
(c) (d) This section applies to awards of permanent total
disability made after the effective date of this section.
(d) (e) The board of managers shall promulgate the appropriate
rules for the interpretation, processing and enforcement of this
section.
(f) If any portion of this section or any application of this
section is subsequently found to be unconstitutional or in
violation of applicable law, it shall not affect the validity of
the remainder of this section or the applications of the section
that are not unconstitutional or in violation.
NOTE: The purpose of this bill is to provide permanent total
disability recipients annual cost-of-living allowances based upon
the Consumer Price Index published by the United States Department
of Labor.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.