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.