H. B. 2077
(By Delegate McGraw)
[Introduced February 14, 2001; 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.