COMMITTEE SUBSTITUTE
FOR
H. B. 3098
(By Delegate Guthrie)
(Originating in the House Committee on the Judiciary)
[March 27, 2009]
A BILL to amend and reenact §23-4-8 of the Code of West Virginia,
1931, as amended, relating to the payment of travel expenses
of workers' compensation claimants.
Be it enacted by the Legislature of West Virginia:
That §23-4-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-8. Physical examination of claimant.
The commission, successor to the commission, other private
carrier or self-insured employer, whichever is applicable, may,
after due notice to the employer and claimant, whenever in its
opinion it is necessary, order a claimant of compensation for a
personal injury other than occupational pneumoconiosis to appear
for examination before a medical examiner or examiners selected by
the commission, successor to the commission, other private carrier
or self-insured employer, whichever is applicable; and the claimant
and employer, respectively, each have the right to select a physician of the claimant's or the employer's own choosing and at
the claimant's or the employer's own expense to participate in the
examination. All examinations shall be performed in accordance
with the protocols and procedures established by the health care
advisory panel pursuant to section three-b of this article
:
Provided, That the physician may exceed these protocols when
additional evaluation is medically necessary. The claimant and
employer shall, respectively, be furnished with a copy of the
report of examination made by the medical examiner or examiners
selected by the commission, successor to the commission, other
private carrier or self-insured employer, whichever is applicable.
The respective physicians selected by the claimant and employer
have the right to concur in any report made by the medical examiner
or examiners selected by the commission, or each may file with the
commission, successor to the commission, other private carrier or
self-insured employer, whichever is applicable, a separate report,
which separate report shall be considered by the commission in
passing upon the claim. If the compensation claimed is for
occupational pneumoconiosis, the commission, successor to the
commission, other private carrier or self-insured employer,
whichever is applicable, may, after due notice to the employer, and
whenever in the commission's opinion it is necessary, order a
claimant to appear for examination before the Occupational
Pneumoconiosis Board provided for in section eight-a of this
article. In any case the claimant is entitled to reimbursement for
loss of wages, and to reasonable traveling and other expenses necessarily incurred by him or her in obeying the order.
Where the claimant is
ordered to appear for an examination by
the Occupational Pneumoconiosis Board, or is required to undergo a
medical examination or examinations by a physician or physicians
selected by the
employer insurance commissioner, self-insured
employer, or private carrier,
as aforesaid or in connection with
any claim which is in litigation,
or undergoes any medical
treatment related to the injury, including treatment by the
claimant's authorized treating physician, the employer shall
reimburse the claimant
shall be reimbursed for loss of wages, and
reasonable traveling and other expenses in connection with the
examination,
or examinations,
or treatment. not to exceed the
expenses paid when a claimant is examined by a physician or
physicians selected by the commission, successor to the commission,
other private carrier or self-insured employer, whichever is
applicable. Such traveling expenses include, at a minimum,
reimbursement for each mile traveled in a personal motor vehicle at
a rate authorized by the travel management rule of the Department
of Administration.
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