HOUSE CONCURRENT RESOLUTION NO. 123
(By Delegate Webster, Wooton, Caputo, Shook and Shott)
Requesting the Joint Committee on Government and Finance study the
workers' compensation system and to determine what actions on
the part of the legislature is necessary to address any
problems.
Whereas, the Workers' Compensation system was intended to
assure the quick and efficient delivery of indemnity and medical
benefits to injured workers at a reasonable cost to the employers
who are subject to the provisions of workers' compensation laws;
Whereas, there is evidence that the legislation has led to the
development of a competitive and profitable Workers' Compensation
insurance market in the state of West Virginia;
Whereas, not withstanding the positive impact of said
legislation, there are reports of injured workers being unable to
obtain prompt health care recommended by their treating physicians;
Whereas, the current law does not permit an attorney to
receive any compensation for representing injured workers in
disputes over the payment of medical benefits. As a result, injured workers are unable to obtain representation for disputed
claims over medical treatment and medical benefits;
Whereas, the existing law does not allow any compensation for
attorneys when they represent injured workers in their protest
and/or appeals of a denial of medical benefits and, as a result,
those workers do not have a realistic or meaningful opportunity to
challenge the denials;
Whereas, insurers who deny authorization for treatment
routinely have legal representation to defend denials against
unrepresented claimants;
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the issues and obtain factual information in
order to determine whether these reported problems with the
Workers' Compensation system are true and accurate and, if so, to
determine what, if any, action on the part of the legislature is
necessary to address those problems; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, report to the Regular Session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
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