Senate Bill No. 652
(By Senator Kessler)
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[Introduced February 22, 2010; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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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 certain 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 when the mental illness is
the direct and proximate result of being a victim of a crime.
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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