COMMITTEE SUBSTITUTE

FOR

H. B. 4563

(By Delegates Amores, Ashley, Rowe,

Hubbard, Trump, Compton and Michael)


(Originating in the House Committee on the Judiciary)

[February 28, 2000]


A BILL to amend article ten-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-a, relating to workers' compensation coverage for clients of the division of rehabilitation services participating in unpaid work-based training programs; requiring annual report to the division of rehabilitation services; designating division of rehabilitation services and the participating entity as the employers; providing participating entities with immunity from liability to the division of workers' compensation; and establishing wage rate for purpose of providing minimum benefits.

Be it enacted by the Legislature of West Virginia:
That article ten-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve- a, to read as follows:
ARTICLE 10A. REHABILITATION SERVICES.

§18-10A-12a. Workers' compensation for clients participating in unpaid work-based training programs.

(a) The workers' compensation division shall create a classification and calculate a base premium tax rate for clients of the division of rehabilitation services participating in unpaid work-based training programs within integrated community- based settings. The workers' compensation division shall report to the division of rehabilitation services:
(1) The amount of the base premium tax rate for the class; and
(2) The hourly wages per client to be used to provide the minimum weekly benefits required by section six, article four, chapter twenty-three of this code.
(b) The base premium tax rate reported annually to the division of rehabilitation services by the workers' compensation division shall not be effective until the first day of July, and shall remain in effect through the last day of the next June.
(c) The division of rehabilitation services and the participating entity shall be considered to be the joint employers of the clients while the clients are participating in unpaid work- based training programs in integrated community-based settings. Both the division of rehabilitation services and the participating entity shall be exempt from liability as provided for by section six, article two, chapter twenty-three of this code. the participating entity shall not be held responsible for premium taxes due the workers' compensation division. The clients shall be considered to be paid the amount of wages sufficient to provide the minimum workers' compensation weekly benefits required by section six, article four, chapter twenty-three of this code.