Withdrawn by House 3-10-07
SB595 H JUD AMT 3-8 #1
The Committee on the Judiciary moves to amend the title of the
bill as follows:
Com. Sub. for S. B. 595 -- "A bill to amend and reenact
§23-
1-1 and §23-1-1f of the Code of West Virginia, 1931, as amended; to
amend and reenact §23-2-9 of said code; to amend and reenact §23-
2C-3, §23-2C-8, §23-2C-15, §23-2C-18 and §23-2C-19 of said code; to
amend said code by adding thereto a new section, designated §23-2C-
18a; and to amend and reenact §23-5-9 of said code, all relating to
the transition to a private workers' compensation insurance system;
expressing legislative intent; permitting the Insurance
Commissioner to hire additional exempt employees; exempting the
Insurance Commissioner from purchasing rules in some circumstances;
changing requirements for approval of self-insured status and for
reports from self-insured employers; making various technical
changes necessitated by the transition to a private workers'
compensation insurance system; reducing frequency of certain
payments from self-insured employers and private carriers;
authorizing the Insurance Commissioner to assess self-insured
employers for certain funds; making certain assessments against
self-insured employers discretionary with the Insurance
Commissioner; clarifying how disputes related to claims against the
Uninsured Employer Fund are resolved; increasing time that
employers must report certain changes in coverage to the Insurance Commissioner; authorizing the Insurance Commissioner to promulgate
exempt legislative rules; revising rate-making process; defining
terms; providing for the designation of a single rating
organization; deleting provisions regarding private carrier premium
collection; requiring agencies to terminate or revoke licenses,
permits or certifications of employers in default to the state;
clarifying persons subject to certain liens; providing for stay of
award pending appeal; and removing requirement that the record of
proceedings before the office of judges include certain documents;
requiring the implementation of any benefit or award granted by a
decision of the Office of Judges, unless stayed by the
administrative law judge or the Board of Review; placing
limitations on scope of permitted stay; and clarifying the
mechanism for handling any overpayment which may result if a
favorable Office of Judges decision granting benefits is
subsequently reversed."