House Concurrent Resolution 72
(By Delegates Kiss, Martin, Staton, Douglas, Manuel, Mezzatesta, Pino, Varner, Givens and Michael)

Requesting the Joint Committee on Government and Finance to study the effects of legislative acts amending the laws governing workers' compensation, as enacted by the legislature during the years one thousand nine hundred ninety-two through one thousand nine hundred ninety-eight, inclusive, and to recommend possible future legislative action which may be undertaken to improve policies and procedures relating to the prompt and fair compensation of persons entitled to the protection which the workers' compensation law affords.
Whereas, Workers' compensation benefits are paid to approximately seventy thousand West Virginia citizens annually because of injuries occurring in the workplace and disease resulting from their employment; and
Whereas, In many instances the benefits received from workers' compensation are the sole source of support for injured workers and their dependents during a period of disability and the sole means of obtaining medical care and hospitalization; and
Whereas, Maintaining a prompt and fair system of compensation for the loss of injured workers' services is critical to the economy and quality of life in West Virginia; and
Whereas, The Legislature is desirous of developing a more simple, expeditious and fair system to resolve questions which arise from disputed claims for injuries so as to avoid the delay, burden and expense of litigation which may stand between a deserving claimant and appropriate compensation; and
Whereas, The Legislature is desirous of implementing effective programs to increase safety in the workplace and to encourage and reward employers who act effectively to promote and maximize safe conditions and practices in the workplace; and
Whereas, The Legislature is desirous of providing meaningful and valuable policies and programs to aid disabled workers in their efforts to become retrained and rehabilitated so that they might return to productive activity in the work force; and
Whereas, There is a critical need to develop methods which will assure the availability of all necessary medical care and hospitalization for injured workers at a cost which can be reasonably borne by the Workers' Compensation Fund; and
Whereas, The Workers' Compensation Fund has been found in the past to lack permanent adequate funding to meet its liabilities on a sound actuarial basis; and
Whereas, The Legislature recognizes the need for future permanent and adequate funding in order for the Workers' Compensation Fund to continue to meet its obligations to the workers of this State; and
Whereas, The Legislature is determined to assure that the administration of the Workers' Compensation System emphasize fair rates and the prompt collection of premiums; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint a study committee to include nine members each of the House and Senate; and, be it
Further Resolved, That the study committee shall be directed to review, examine and study the effects of legislative acts amending the laws governing workers' compensation, as enacted by the Legislature during the years one thousand nine hundred ninety-two through one thousand nine hundred ninety-eight, inclusive, and to develop recommendations to the Legislature as to policies, programs and practices which may be instituted (a) to guarantee the maintenance of a prompt and fair system of compensation for the loss of injured workers' services, (b) to develop a simple, expeditious and fair system to resolve questions which arise from disputed claims, (c) to create and implement effective programs to increase safety in the workplace, (d) to provide aid to disabled workers in their efforts to become retrained and rehabilitated, (e) to make available all necessary medical care and hospitalization for injured workers at a cost which can be reasonably borne by the Workers' Compensation Fund, and (f) to provide for future permanent and adequate funding of the Workers' Compensation Fund, and, be it
Further Resolved, That the committee shall be directed to study the financial impact of all such proposed changes upon the unfunded liability of the Workers' Compensation System; and to determine whether enough savings have been accumulated to justify a the possibility of a reduction in the permanent total disability threshold, an increase in benefit awards, or a combination of threshold reduction and benefit award increases, and the possibility of lowering premiums paid by employers; and to study the administration of the Workers' Compensation Fund to determine whether the Employment Programs Performance Council, the Commissioner of the Bureau of Employment Programs and the Director of the Workers' Compensation Division are adequately pursuing a program consisting of fair rates, prompt collection of premiums in accordance with law and the civil and criminal prosecution of employers who are in default in payment of Workers Compensation premiums; and be it
Further Resolved, That the committee shall have authorization from the Legislature to request, receive and examine all reports, documents, testimony, actuarial and financial information or analysis, and any other such material as it may be deemed necessary for the committee to accomplish the goals herein set forth; and be it
Further Resolved, That the committee is directed to report to the Joint Committee on Government and Finance by January 1, 1999, on its findings, conclusions and recommendations, together with drafts of any legislation it may deem necessary to effectuate any recommendations it may make.