HOUSE CONCURRENT RESOLUTION NO. 66
(By Delegates Caputo, Argento, Barker, Boggs, Brown, Burdiss,
DeLong, Eldridge, Ellem, Ellis, Fleischauer, Fragale, Guthrie,
Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa,
Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin,
Miley, Moore, Moye, Paxton, Perdue, Perry, D. Poling, M. Poling,
Rodighiero, Shook, Spencer, Staggers, Stephens, Talbott, Tucker,
Webster, Wells, White and Yost)
Requesting the Joint Committee on Government and Finance study the
cost efficiency and effectiveness of employers, self insured
for purposes of workers' compensation coverage, who self
administer claims.
Whereas, Large employers who are self employed for purposes of
workers' compensation coverage additionally self administer claims;
and
Whereas, There is concern among some policy makers and
government officials, that the self administration of claims by
some self-insured employers may be affected by disincentives to
provide coverage due purely to cost considerations and,
consequently, that some legitimately injured employees may be
denied coverage; and
Whereas, When employees who have clearly legitimate claims are
denied coverage by self-insured employees as a result of cost
considerations, an ensuing adversity is incurred by the claimant,
and in some cases to the self-insured employer as well; and
Whereas, When self-administered employers deny coverage as a
matter of due course, legitimate claimants are either forced to
bear the financial burden related to their work-related injuries or
otherwise abandon any hope of medical treatment; otherwise, the
only alternative for the injured worker is to engage in costly
litigation, which increases monetary costs to the state as well as
attendant social costs to all involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the cost efficiency and effectiveness of
employers, self insured for purposes of workers' compensation
coverage, who self administer claims; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on Government and Finance.
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