H. B. 2973
(By Delegate McGraw)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section fourteen, article four,
chapter twenty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
increasing workers' compensation permanent total disability
awards by twenty percent.
Be it enacted by the Legislature of West Virginia:
That section fourteen, 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.
§23-4-14. Computation of benefits.
(a) The average weekly wage earnings, wherever earned, of
the injured person at the date of injury, and the average weekly
wage in West Virginia as determined by the commissioner, in
effect at the date of injury, shall be taken as the basis upon which to compute the benefits.
(1) In cases involving occupational pneumoconiosis or other
occupational diseases, the "date of injury" shall be the date of
the last exposure to the hazards of occupational pneumoconiosis
or other occupational diseases.
(2) In computing benefits payable on account of occupational
pneumoconiosis, the commissioner shall deduct the amount of all
prior workers' compensation benefits paid to the same claimant
on account of silicosis, but a prior silicosis award shall not,
in any event, preclude an award for occupational pneumoconiosis
otherwise payable under this article.
(b) (1) Until the first day of July, one thousand nine
hundred ninety-four, the expression "average weekly wage
earnings, wherever earned, of the injured person, at the date of
injury", within the meaning of this chapter, shall be computed
based upon the daily rate of pay at the time of the injury or
upon the average pay received during the two months, six months
or twelve months immediately preceding the date of the injury,
whichever is most favorable to the injured employee, except for
the purpose of computing temporary total disability benefits for
part-time employees pursuant to the provisions of section six-d
of this article.
(2) On and after the first day of July, one thousand nine
hundred ninety-four, the expression "average weekly wage earnings, wherever earned, of the injured person, at the date of
injury", within the meaning of this chapter, shall be computed
based upon the daily rate of pay at the time of the injury or
upon the weekly average derived from the best quarter of wages
out of the preceding four quarters of wages as reported to the
commissioner pursuant to section eleven, article ten, chapter
twenty-one-a of this code, whichever is most favorable to the
injured employee, except for the purpose of computing temporary
total disability benefits for part-time employees pursuant to
the provisions of section six-d of this article.
(c) The expression "average weekly wage in West Virginia",
within the meaning of this chapter, shall be the average weekly
wage in West Virginia as determined by the commissioner in
accordance with the provisions of sections ten and eleven,
article six, chapter twenty-one-a of this code, and other
applicable provisions of said chapter.
(d) In any claim for injuries, including occupational
pneumoconiosis and other occupational diseases, occurring on or
after the first day of July, one thousand nine hundred seventy- one, any award for temporary total, permanent partial or
permanent total disability benefits or for dependent benefits,
shall be paid at the weekly rates or in the monthly amount in the
case of dependent benefits applicable to the claimant therein in
effect on the date of such injury. If during the life of such award for temporary total, permanent partial or permanent total
disability benefits or for dependent benefits, the weekly rates
or the monthly amount in the case of dependent benefits are
increased or decreased, the claimant shall receive such increased
or decreased benefits beginning as of the effective date of said
increase or decrease.
(e) Notwithstanding any provision in this article to the
contrary, all permanent total disability awards shall be
increased by an amount equal to twenty percent of the award
amount computed pursuant to the provisions of this section. This
increase applies to permanent total disability benefits currently
paid out, and to permanent total disability benefits awarded
after the effective date of this subsection.
NOTE: The purpose of this bill is to increase workers'
compensation permanent total disability awards by twenty percent.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.