HB2011 HFA SHOTT 2-6 #1  

            Delegate Shott moves to amend the bill on page ten, line one hundred and forty-six, after the word “injury” by striking the words: “is defined as” and the colon, and inserting in lieu thereof the words: “may only by established by one of the following three methods:”

            And

            By striking out lines one hundred and forty-eight through one hundred and sixty-one and inserting in lieu thereof the following:

            “(1) Receipt of a final award in the employee’s workers compensation claim confirming that the employee sustained a permanent physical injury or a combination of physical and psychological injury rated at a total whole person impairment level of at least ten percent (10%). Should the employee’s permanent physical injury rating for total whole person impairment not be final at the time a deliberate intention action is initiated, in order to ascertain whether the employee had suffered a serious compensable injury rated at a total whole person impairment level of at least ten percent (10%), then:

            (a) Upon motion and notice, the court in which the action is pending may order the employee to submit to a physical examination by a physician or examiner suitably licensed or certified to evaluate permanent physical injury impairment. The court shall specify the time, place, manner, condition and scope of the examination, and the person or persons by whom it is to be made;

            (b) The examining physician or other qualified expert shall deliver a written report to the court and all parties setting out the examiner’s findings, including the results of all tests made, diagnoses, impairment rating methodology, any other information the court deems appropriate or necessary, and conclusions, together with any available reports of earlier examinations of the same condition;

            (c) All costs and expenses for the examination shall be shared by the parties equally; and,

            (d) The findings of this court ordered examination are not binding upon any further administrative proceedings related to a final award in the employee’s workers compensation claim.

            (2) Written certification by a licensed physician that the employee is suffering from an injury or condition that is likely to result in death within eighteen (18) months or less from the date of the filing of the complaint. The certifying physician must be engaged or qualified in a medical field in which the employee has been treated, or have training and/or experience in diagnosing or treating injuries or conditions similar to those of the employee. Upon request by the employer, this physician certification shall be confirmed by an independent medical examination, in the same manner as noted in sections (1)(a)-(d), above, except that the cost of such examination shall be paid by the employer.

            (3) If the employee suffers from an injury for which no impairment rating is established in the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment then being used by the West Virginia Workers Compensation Commission, serious compensable injury may be established if the injury results in significant disfigurement or permanent loss of use of a body organ, function or system.”

Adopted_______

Rejected_______