By Mr. Speaker, Mr. Chambers, and Delegates Kiss, Mezzatesta, Michael, J. Martin, Prezioso, Rowe, Staton, Ashley, Faircloth, Miller and Riggs:
H. C. R. 22--"Requesting the Joint Committee on Government and Finance to study the effects of legislative acts amending the laws governing workers' compensation, as enacted by the Legislature during the years one thousand nine hundred ninety- two, one thousand nine hundred ninety-three, one thousand nine hundred ninety-four, and one thousand nine hundred ninety-five, and to recommend future legislative action which may be undertaken to improve policies and procedures relating to the prompt and fair compensation of persons entitled to the protection which the workers' compensation law affords."
Whereas, Workers' compensation benefits are paid to approximately seventy thousand West Virginia citizens annually
because of injuries occurring in the workplace and disease resulting from their employment; and
Whereas, In FY 1994,injured West Virginia workers were paid approximately five hundred million dollars as compensation for the loss of their services to the State's economy and to their families and dependents; and
Whereas, In many instances the benefits received from workers' compensation are the sole source of support for injured workers and their dependents during a period of disability and the sole means of obtaining medical care and hospitalization; and
Whereas, Maintaining a prompt and fair system of compensationfor the loss of injured workers' services is critical to the economy and quality of life in West Virginia; and
Whereas, The Legislature is desirous of developing a more simple, expeditious and fair system to resolve questions which arise from disputed claims for injures so as to avoid the delay, burden and expense of litigation which may stand between a claimant and appropriate compensation; and
Whereas, The Legislature is desirous of implementing effective programs to increase safety in the workplace and to encourage and reward employers who act effectively to promote and maximize employee safety in the workplace; and
Whereas, The Legislature is desirous of providing meaningful and valuable policies and programs to aid disabled workers in their efforts to become retrained and rehabilitated so that they might return to productive activity in the work force, and
Whereas, There is a critical need to develop methods which will assure the availability of all necessary medical care and hospitalization for injured workers at a cost which can be reasonably borne by the State and the Workers' Compensation Fund; and
Whereas, The Workers' Compensation Fund has lacked permanent adequate funding to meet its liabilities on a sound actuarial basis; and
Whereas, The Legislature recognizes the need for future permanent and adequate funding in order for the Workers' Compensation Fund to continue to meet its obligations to theworkers of this State; therefore, be it
Resolved by the Legislature of West Virginia:
That a study committee or task force be appointed by the Speaker of the House of Delegates and President of the Senate to include nine members each of the House and Senate; and, be it
Further Resolved, That the committee review, examine and study the effects of legislative acts amending the laws governing workers' compensation, as enacted by the Legislature during the years one thousand nine hundred ninety-two, one thousand nine hundred ninety-three, one thousand nine hundred ninety-four, and one thousand nine hundred ninety-five, that the committee develop recommendations to the Legislature as to policies, programs and practices which may be instituted (a) to guarantee the maintenance of a prompt and fair system of compensation for the loss of injured workers' services, (b) to develop a more simple, expeditious and fair system to resolve questions which arise from disputed claims, (c) to create and implement effective programs to increase safety in the workplace, (d) to provide aid to disabled workers in their efforts to become retrained and rehabilitated, (e) to make available all necessary medical care and hospitalization for injured workers at a cost which can reasonably be borne by the State and the Workers' Compensation Fund, and (f) to provide for future permanent and adequate funding of the Workers' Compensation fund; and, be it
Further Resolved, That the committee report to the Joint Committee on Government and Finance by January 1, 1996, on itsfindings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations.