HOUSE CONCURRENT RESOLUTION 93

(By Delegate Ashley)

[Introduced March 8, 2002; referred to the

Committee on Rules.]


Requesting the Joint Committee on Government and Finance to study the current methodology utilized in setting workers' compensation premium rates for employers by the division of workers' compensation and to consider alternate methods of assignment of such premium rates for employers whose employees perform different tasks with varying risk of injury.

Whereas, Many employees in this state employ workers whose jobs require the workers to perform tasks with different degrees of risk of injury; in some instances, a single worker may perform more than one job duty, each with a different degree of risk of injury, either on a daily, periodic or seasonal basis; in other instances, an employer may have several employees, each performing different tasks with a degree of risk substantially different than the other employees; and
Whereas, The division of workers' compensation charges premium rates upon these employers based on the "governing class", being the highest risk factor of the multiple duties of the employees, without prorating the premium rate based upon all of the varying degrees of risk of the multiple and varying job duties of each employee; and
Whereas, The current method of setting premium rates for employers whose employees perform varying tasks with varying degrees of risk of injury in some instances may impose a higher premium rate than is actuarially necessary to ensure the actual employer risk; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the current methodology utilized in setting workers' compensation premium rates for employers by the division of workers' compensation and to consider alternate methods of assignment of such premium rates for employers whose employees perform different job duties with varying degrees of risk of injury; and, be it
Further resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2003, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further resolved, That the expenses necessary to conduct this study, to prepare a report and to draft the necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.