H. B. 2172


(By Delegate Huffman)
[Introduced February 18, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section thirteen, article one, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to workers' compensation and permitting a corporate employer to be represented in proceedings before the commissioner by a director or an officer of the corporation.

Be it enacted by the Legislature of West Virginia:
That section thirteen, article one, 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 1. GENERAL ADMINISTRATIVE PROVISIONS.

§23-1-13. Rules of procedure and evidence; persons authorized to appear in proceedings.

(a) The commissioner shall adopt reasonable and proper rules of procedure, regulate and provide for the kind and character of notices, and the service thereof, in cases of accident and injury to employees, the nature and extent of the proofs and evidence,the method of taking and furnishing the same to establish the rights to benefits or compensation from the fund hereinafter provided for, or directly from employers as hereinafter provided, as the case may require, and the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made.
(b) At hearings and other proceedings before the commissioner or before the duly authorized representative of the commissioner, an employer who is a natural person may appear, and a claimant may appear, only as follows:
(1) By an attorney duly licensed and admitted to the practice of law in this state;
(2) By a nonresident attorney duly licensed and admitted to practice before a court of record of general jurisdiction in another state or country or in the District of Colombia who has complied with the provisions of Rule 8.0--Admission Pro Hac Vice, West Virginia Supreme Court Rules for Admission to the Practice of Law, as amended; or
(3) Pro se.
(c) At hearings and other proceedings before the commissioner or before the duly authorized representative of the commissioner, an employer who is not a natural person may appear only as follows:
(1) By an attorney duly licensed and admitted to the practice of law in this state;
(2) By a nonresident attorney duly licensed and admitted topractice before a court of record of general jurisdiction in another state or country or in the District of Colombia who has complied with the provisions of Rule 8.0--Admission Pro Hac Vice, West Virginia Supreme Court Rules for Admission to the Practice of Law, as amended; or
(3) By a member of the board of directors of a corporation or by an officer of the corporation, for purposes of representing the interest of the corporation in the presentation of facts, figures and factual conclusions as distinguished from the presentation of legal conclusions in respect to such facts and figures.
(d) The commissioner or his or her representative may require an individual appearing on behalf of a natural person or corporation to produce satisfactory evidence that he or she is properly qualified to so appear pursuant to this section.



NOTE: The purpose of this bill is to eliminate the requirement that a corporate employer must be represented by an attorney in proceedings before the workers' compensation commissioner.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.