COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 652
(By Senator Kessler)
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[Originating in the Committee on the Judiciary;
reported February 25, 2010.]
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A BILL to amend and reenact §23-4-1f of the Code of West Virginia,
1931, as amended, relating to allowing workers' compensation
for mental illnesses related to being a crime victim.
Be it enacted by the Legislature of West Virginia:
That §23-4-1f of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-1f. Certain psychiatric injuries and diseases not
compensable; exception.
For the purposes of this chapter,
no an alleged injury or
disease
shall be is not recognized as a compensable injury or
disease
which if it was solely caused by nonphysical means and
which did not result in any physical injury or disease to the
person claiming benefits:
It is the purpose of this section to
clarify that so-called mental-mental claims are not compensable under this chapter. Provided, That a person may qualify for
Workers Compensation for mental illness, without an accompanying
physical injury or illness, when the mental illness is the direct
and proximate result of being a victim of a crime of violence
against the person. Such crime must have occurred during the
course of employment of the person fileing for benefits under this
chapter. The crime must be reported to the police within seventy-
two hours after the occurrence of the crime. A person is not
eligible for workers compensation benefits if he or she was
engaging in the criminal activity that resulted in the mental
illness.
NOTE: The purpose of this bill is to is allow payment of
workers compensation benefits for mental illness when a person
becomes ill after being a victim of a crime.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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