H. B. 2131
(By Delegate Huffman)
[Introduced February 16, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section sixteen, article four,
chapter twenty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
workers' compensation and continuing jurisdiction of the
commissioner to monitor, reopen, deny, modify or affirm
permanent total disability awards; and providing for the
promulgation of rules.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article four, chapter twenty-three of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-16. Commissioner's jurisdiction over case continuous;
modification of finding or order; time limitation
on awards; reimbursement of claimant for expenses;
reopening cases involving permanent total
disability; promulgation of rules.
(a) The power and jurisdiction of the commissioner over each
case shall be continuing and he may from time to time, after due
notice to the employer, make such modifications or changes with
respect to former findings or orders as may be justified:
Provided,
That no further award may be made in fatal cases
arising after March seventh, one thousand nine hundred twenty-
nine, except within two years after the death of the employee, or
in case of nonfatal injuries, on and after March seventh, one
thousand nine hundred twenty-nine, except within five years after
payments for temporary disability shall have ceased or not more
than two times within five years after the commissioner shall
have made the last payment in the original award or any
subsequent increase thereto in any permanent disability case:
Provided, however,
That no such modification or change may be
made in any case in which no award has been made, except within
five years after the date of injury:
Provided
further, That a
further award may be made for medical benefits only at any time.
In any case in which an injured employee shall make application
for a further adjustment of his claim, if such application be in
writing and filed within the applicable time limit as prescribed
herein, the commissioner shall pass upon and determine the merits
of such application within thirty days after the filing thereof.
(b) If such application is based on a report of any medical
examination made of the claimant and submitted by the claimant to
the commissioner in support of his application, and the claim is
opened for further consideration and additional award is latermade, the claimant shall be reimbursed for the expenses of such
examination. Such reimbursement shall be made by the
commissioner to the claimant, in addition to all other benefits
awarded, upon due proof of the amount thereof being furnished the
commissioner by the claimant, but shall in no case exceed the sum
of one hundred dollars:
Provided,
That upon a showing by the
claimant or the examining physician of good cause why a medical
examination cost in excess of one hundred dollars, the
commissioner may reimburse the claimant for the actual cost
thereof, but not in excess of two hundred fifty dollars.
(c) The commissioner shall have continuing power and
jurisdiction over cases in which permanent total disability
awards have been made. The commissioner shall continuously
monitor permanent total disability awards and may from time to
time, after due notice to the claimant and employer, reopen a
case for reevaluation of the continuing nature of the disability
and possible modification of the award. Upon reopening a case,
the commissioner may take evidence from the parties, make
findings of fact and conclusions of law and shall deny, modify or
affirm the original permanent total disability award as the
record requires. The parties may seek review of the
commissioner's order as otherwise provided in article five of
this chapter for review of orders granting or denying permanent
disability awards. The commissioner shall promulgate rules
pursuant to article three, chapter twenty-nine-a of this code to
implement the provisions of this section.
NOTE: The purpose of this bill is to provide for continuing
oversight by the Workers' Compensation Commissioner of permanent
total disability awards to determine whether a disability is
actually continuing.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.