FISCAL NOTE

Date Requested: February 02, 2016
Time Requested: 01:46 PM
Agency: Workers' Compenation
CBD Number: Version: Bill Number: Resolution Number:
1079 Introduced SB76
CBD Subject: Workers Compensation


FUND(S):

7152, 7162, 7163, 7164, 7165, 7173

Sources of Revenue:

Special Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


It is likely that SB 76, if enacted would increase expenses of the Office of the Insurance Commissioner. However, it is unknown at this time how SB 76 would impact the operations of the Offices of the Insurance Commissioner and extensive analysis would need to occur in order to quantify the increased costs. The data necessary to calculate the potential costs increases is not currently available.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):






Memorandum


If enacted, Senate Bill 76 would amend ยง23-4-1C of the Code of West Virginia relating to workers' compensation by requiring the Insurance Commissioner to determine whether a claimant has sustained a compensable injury and to enter an order giving all parties immediate notice of the decision. SB 76 also would require that temporary total disability benefits would be paid at the maximum rate by the Insurance Commissioner, private carrier or self-insured employer in the event that the employer fails to furnish a wage report 15 days from the first report of injury. If the wage report is subsequently furnished, the benefits will be adjusted prospectively. SB 76 also removes any offset of benefits due to a wage replacement plan that has been provided by the employer. SB 76 appears to increase the duties and the scope of the current operations of the Offices of the Insurance Commissioner (OIC), as the Insurance Commissioner currently does not make initial compensability rulings for the claims of private carriers or self-insured employers. A reasonable estimate of the Increased costs is not available at this time. SB 76 would also potentially increase costs for the worker's compensation related Funds that the OIC administers by requiring that temporary total disability payments be paid at the maximum rate if wage information is not submitted by employers. A reasonable estimate of the increased costs is not available at this time.



    Person submitting Fiscal Note: Melinda Kiss
    Email Address: Melinda.Kiss@wvinsurance.gov