SB537 AMT HJUD 4-8 #1
"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; authorizing negotiation of amount to accept as
subrogation in old fund claims; deleting mandatory recovery fee to
insurance commissioner in certain subrogation claims; 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 and
on which the employers' mutual insurance company may non-renew such
bodies; 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."