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.