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Introduced Version House Bill 2994 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2994


(By Delegates Caputo, Boggs, Fragale, Hutchins,
Ellem, Yost, Azinger, DeLong, Longstreth and Manchin)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-31, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Interference with treatment of injured railroad employee.

(a) It is unlawful for a railroad company or person employed by a railroad company to:
(1) Deny, delay or interfere with medical treatment or first aid treatment to an employee of a railroad company who has been injured during employment; or
(2) Discipline or threaten discipline to an employee of a railroad company who has been injured during employment for requesting medical treatment or first aid treatment for the injury.
(b) A railroad company who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than ten thousand dollars for each violation. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than ten thousand dollars or confined in jail for no more than one year, or both fined and confined.


NOTE: The purpose of this bill is to create criminal penalties for a railroad company or employee who denies, delays or interferes with medical treatment or first aid to a railroad employee injured on the job, or who threatens discipline to an injured employee who requests medical treatment or first aid for a job injury.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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