H. B. 2768


(By Delegate Rowe)
[Introduced March 29, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section four, article two, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to workers' compensation generally; providing for classification of industries; providing for duties of commissioner; requiring accurate accounting; providing for establishing premium rates; allowing or rate adjustment; prohibiting retroactive rate adjustment; providing standards of rate calculation; allowing for alternate calculation of rates based on degree of hazard; and requiring notification of rate changes.

Be it enacted by the Legislature of West Virginia:
That section four, article two, 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 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-2-4. Classification of industries; accounts; rate of
premiums.
The commissioner shall distribute into groups or classes the employments subject to this chapter, in accordance with the nature of the business and the degree of hazard incident thereto. And the commissioner shall have has power, in like manner, to reclassify such these industries into groups or classes at any time, and to create additional groups or classes. The commissioner may make necessary expenditures to obtain statistical and other information to establish the classes provided for in this section.
The commissioner shall keep an accurate account of all money or moneys paid or credited to the compensation fund, and of the liability incurred and disbursements made against same; and an accurate account of all money or moneys received from each individual subscriber, and of the liability incurred and disbursements made on account of injuries and death of the employees of each subscriber, and of the receipts and incurred liability of each group or class.
In compensable fatal and total permanent disability cases, other than occupational pneumoconiosis, the amount charged against the employer's account shall be such that sum as is estimated to be the average incurred loss of such those cases to the fund. The amount charged against the employer's account in compensable occupational pneumoconiosis claims for total permanent disability or for death shall be such that sum as is estimated to be the average incurred loss of such occupationalpneumoconiosis cases to the fund.
It shall be is the duty of the commissioner to fix and maintain the lowest possible rates of premiums consistent with the maintenance of a solvent workers' compensation fund and the creation and maintenance of a reasonable surplus in each group after providing for the payment to maturity of all liability incurred by reason of injury or death to employees entitled to benefits under the provisions of this chapter. A readjustment of rates shall be made yearly on the first day of July, or at any time the same may be necessary. Provided, That on and after the first day of July, one thousand nine hundred ninety-one, the commissioner shall, at least thirty days prior to the first day of the quarter to which an adjustment of rates is to be applicable, file a schedule of the readjusted rates with the office of the secretary of state for publication in the state register pursuant to article two, chapter twenty-nine-a of this code: Provided, however, That from the effective date of this section to the thirtieth day of June, one thousand nine hundred ninety-one, the commissioner shall be permitted to retroactively readjust rates to the first day of the quarter within which notice of the readjustment is given. If the commissioner elects to readjust the base rates for the various industrial classifications, the commissioner shall file a schedule of the readjusted base rates for each industrial class with the office of the secretary of state for publication in the state register pursuant to article two, chapter twenty-nine-a of this code. Theschedule shall be filed at least thirty days prior to the first day of the quarter to which an adjustment of rates is to be applicable. If the commissioner elects to readjust the individual merit rates for the subscribers to the fund, the commissioner shall provide notice of merit rate adjustments to the affected employers at least thirty days prior to the first day of the quarter to which an adjustment of rates is to be applicable. The commissioner may not retroactively adjust rates except in instances of fraud, mistake or reliance upon incorrect information furnished by the employer. The determination of the lowest possible rates of premiums within the meaning hereof and of the existence of any surplus or deficit in the fund shall be predicated solely upon the experience and statistical data compiled from the records and files in the commissioner's office under this and prior workers' compensation laws of this state for the period from the first day of June, one thousand nine hundred thirteen, to the nearest practicable date prior to such adjustment:
Provided, further That any expected future return, in the nature of interest or income from invested funds, shall be predicated upon the average realization from investments to the credit of the compensation fund for the two years next preceding. Any reserves set up for future liabilities and any commutation of benefits shall likewise be predicated solely upon prior experience under this and preceding workers' compensation laws and upon expected realization from investments determined by the respective past periods, as aforesaid.
The commissioner may fix a rate of premiums applicable alike to all subscribers forming a group or class, and such the rates shall be determined from the record of such the group or class shown upon the books of the commissioner:
Provided, That if any group has a sufficient number of employers with considerable difference in their degrees of hazard, the commissioner may fix a rate for each subscriber of such the group, such the rate to be based upon the subscriber's record on the books of the commissioner for a period not to exceed three years ending December thirty-first of the year preceding the year in which the rate is to be effective; and the liability part of such the record shall include such those cases as that have been acted upon by the commissioner during such the three-year period, irrespective of the date the injury was received; and any subscriber in a group so rated, whose record for such the period cannot be obtained, shall be given a rate based upon the subscriber's record for any part of such the period as may be deemed just and equitable by the commissioner; and the commissioner shall have has authority to fix a reasonable minimum and maximum for any group to which this individual method of rating is applied, and to add to the rate determined from the subscriber's record such an amount as is necessary to liquidate any deficit in the schedule as to create a reasonable surplus.
It shall be is the duty of the commissioner, when the commissioner changes any rate, to notify every employer affected thereby of that fact and of the new rate and when the same takeseffect. It shall is also be the commissioner's duty to furnish to each employer yearly, or more often if requested by the employer, a statement giving the name of each of the employer's employees who were paid for injury and the amounts so paid during the period covered by the statement.



NOTE: The purpose of this bill is to delete obsolete language and require the commissioner of Workers' Compensation to notify employees of readjustments to individual merit rates thirty days prior to the beginning of the quarter in which the readjusted rates will be applicable.

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