SB537 H JUD AMT 4-8 #1
The Committee on the Judiciary moves to amend the title of the
bill as follows:
Com. Sub. for S. B. -- "A Bill to repeal §23-5-17 and §23-5-18
of the Code of West Virginia, 1931, as amended; to amend and
reenact §23-2-1d of said code; to amend and reenact §23-2A-1 of
said code; to amend and reenact §23-2C-8, §23-2C-15, §23-2C-17 and
§23-2C-21 of said code; to amend and reenact §23-4-1c, §23-4-
6b,§23-4-8, §23-4-8c and §23-4-15b of said code; to amend said code
by adding thereto a new section, designated §23-4-8d; to amend and
reenact §23-5-1, §23-5-3 and §23-5-16 of said code; and to amend
and reenact §33-2-22 of said code, all relating to workers'
compensation; eliminating obsolete sunset provisions; redefining
the responsibility of prime contractors to injured employees of
their subcontractors; clarifying subrogation rights with respect to
employees injured by third parties; allowing subrogation for
indemnity and medical benefits for certain claims arising or
accruing on or after January 1, 2006; authorizing negotiation of
amount to accept as subrogation; authorizing deduction from
subrogation reasonable attorney fees for claims that arose in whole
or in part prior to effective date of this act and all claims
thereafter; providing for a unitary decision-making process in
claims involving the Uninsured Employer Fund; changing date on
which governmental bodies may purchase workers' compensation insurance in the private market; awarding attorney fees and costs
if workers' compensation temporary disability benefits claim is
unreasonably denied; extending the scope of permissible remedies to
include those in the general insurance code; permitting the
recovery of administrative costs in certain actions; authorizing
expedited review by the Office of Judges when a request to reopen
temporary total benefits is denied; eliminating mandatory
allocation in hearing loss claims; providing that claims for
medical benefits in occupational pneumoconiosis claims may be made
at any time; clarifying that a sixty-day period applies to various
protests; extending the jurisdiction of the Office of Judges to
hear certain protests; clarifying permissible method of delivering
payment of benefits; establishing reimbursement for certain
claimant travel expenses; authorizing award of attorney fees in
certain final settlements; clarifying licensing requirements for
third-party administrators; mandating conditional payments in
certain instances; authorizing the Insurance Commissioner to
compromise and settle claims for moneys due the Old Fund and
Uninsured Employer Fund; and requiring report to Legislature
regarding settlements."