H. B. 4563
(By Delegates Amores, Ashley, Rowe,
Hubbard, Trump, Compton and Michael)
[Introduced February 17, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article ten-m; and to
amend and reenact section one-a, article two, chapter
twenty-three of said code, all relating to providing
workers' compensation coverage for clients of the division
of rehabilitation services participating in work-based
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article ten-m; and that
section one-a, article two, chapter twenty-three of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 10M. WORKERS COMPENSATION COVERAGE OF WORK-BASED
§18-10M-1. Allowance for workers' compensation for division of
rehabilitation services 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 effective the first
day of September of the year two thousand participating in an
unpaid work-based training program within an integrated community
based setting. The workers' compensation division shall report
annually to the division of rehabilitation services:
(1) The amount of the base premium tax rate for the class;
(2) The amount of 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 to the division of
rehabilitation services by the workers' compensation division
shall be that which was published prior to the first day of the immediately preceding July. That premium tax rate, however,
shall not be implemented by the workers' compensation division
until the first day of July of every year and shall remain in
effect through the last day of the next June. The workers'
compensation division shall make no merit rate adjustment, as
otherwise provided for in paragraph (A), subdivision (1),
subsection (a), section four, article two, chapter twenty-three
of this code, for the members of the class required to be created
by subsection (a) of this section.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 2. EMPLOYERS AMD EMPLOYEES SUBJECT TO CHAPTER:
§23-2-1a. Employees subject to chapter.
(a) Employees subject to this chapter are all persons in the
service of employers and employed by them for the purpose of
carrying on the industry, business, service or work in which they
are engaged, including, but not limited to:
(1) Persons regularly employed in the state whose duties
necessitate employment of a temporary or transitory nature by the
same employer without the state;
(2) Every person in the service of the state or of any political subdivision or agency thereof, under any contract of
hire, express or implied, and every appointed official or officer
thereof while performing his or her official duties;
(3) Checkweighmen employed according to law;
(4) All members of rescue teams assisting in mine accidents
with the consent of the owner who, in such case,
shall be deemed
is the employer, or at the direction of the director of the
department of mines;
(5) All forest firefighters who, under the supervision of the
director of the department of natural resources or his or her
designated representative, assist in the prevention, confinement
and suppression of any forest fire;
(6) Students while participating in a work-based learning
experience with an employer approved as a part of the curriculum
by the county board. The county board shall be the employer of
record of students while participating in unpaid work-based
experiences off school premises with employers other than the
county board. Students in unpaid work-based learning experiences
shall be considered to be paid the amount of wages so as to
provide the minimum workers' compensation weekly benefits
required by section six, article four of this chapter; and
(7) Clients of the division of rehabilitation services who
are participating in work-based training experiences with an
employer approved as a part of their rehabilitation plan. The
division of rehabilitation services shall be the employer of
record of the clients while participating in unpaid work-based
experiences in an integrated community based setting. Clients in
unpaid work-based training experiences shall be considered to be
paid the amount of wages so as to provide the minimum workers'
compensation weekly benefits required by section six, article
four of this chapter.
(b) The right to receive compensation under this chapter
shall not be affected by the fact that a minor is employed or is
permitted to be employed in violation of the laws of this state
relating to the employment of minors, or that he or she obtained
his or her employment by misrepresenting his or her age.
NOTE: The purpose of this bill is to provide for workers'
compensation coverage for clients of the division of
rehabilitation services participating in work-based training
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.
Article 10m is new; therefore, strike-throughs and
underscoring have been omitted.