Workers' Compensation

P Passed

P HB1742
Presumption as to death or disability from hypertension or heart disease; Virginia Marine Patrol officers. Extends the presumption for work-related death or disability from hypertension or heart disease under workers' compensation to include Virginia Marine Patrol officers.
Patron - Joannou

P HB1970
Presumption as to death or disability; game wardens. Adds game wardens who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries to the category of employees entitled to the presumptions of § 65.2-402-commonly termed "the heart, lung and hypertension act." Hypertension or heart disease causing disability or death are presumed to be occupational diseases for employees included within the coverage of this statute. The preponderance can be overcome, however, by competent evidence to the contrary.
Patron - Abbitt

P HB2067
Duty to furnish medical attention. Permits employers or insurers to include chiropractors on the panel of physicians furnished injured employees. However, chiropractors are to be included only if employees' injuries can be treated within chiropractors' scope of practice.
Patron - Murphy

P HB2131
Furnishing copy of medical report. Requires all health care providers attending an injured employee to furnish, upon request, a copy of any medical report to the injured employee, the employer, and any of their representatives. This requirement is currently imposed only on physicians.
Patron - Rust

P HB2132
Failure to pay compensation; good cause. Allows the Workers' Compensation Commission to waive the penalty imposed when benefits are not paid within two weeks after becoming due if the Commission finds that any required payment has been made as promptly as practicable and (i) there is good cause outside the control of the employer for the delay or (ii) in the case of a self-insured employer, the employer has issued the required payment to the employee as a part of the next regular payroll after the payment becomes due.
Patron - Rust

P HB2256
Presumption as to death or disability from hypertension or heart disease; Capitol Police officers. Extends the presumption for work-related death or disability from hypertension or heart disease under workers' compensation to include Capitol Police officers.
Patron - Moss

P HB2271
Suspension of award pending appeal to Virginia Supreme Court. Declares that an appeal from the decision of the Court of Appeals to the Supreme Court concerning a workers' compensation award suspends the award, and any payment thereon, pending the award's ultimate determination.
Patron - Murphy

P HB2365
Volunteer firefighters. Deems volunteer firefighters to be employees of the Virginia Department of Forestry for workers' compensation purposes, when the firefighters are engaged in firefighting activities under the supervision and control of the Department. The bill also establishes compensation benefit levels for such volunteer firefighters as the maximum compensation payable under the Virginia Workers' Compensation Act.
Patron - Armstrong

P HB2413
Cancer presumption. Provides that leukemia, as well as various other cancers, causing death or total or partial disability of a volunteer or salaried firefighter hazardous materials officer who has 12 years of continuous service and who has contact with a toxic substance in the line of duty is presumed to be an occupational disease. This bill is identical to Senate Bill 1248.
Patron - Croshaw

P HB2505
Statutory employers; property management companies. Exempts from the operation of "statutory employer" liability persons engaged in the business of property management services if, at the time of an injury sustained by a worker engaged in the maintenance or repair of real property managed by such person, and for which injury compensation is sought, such persons are acting merely as agents for the property's owner and (i) are not engaged in and have no employees engaged in the same business, trade or occupation as the injured worker and (ii) do not profit from the services of individuals engaged in the same business, trade or occupation as the injured worker.
Patron - Drake

P HB2724
Voluntary payments. Authorizes employers subject to the Virginia Workers' Compensation Act to voluntarily pay an employee workers' compensation benefits above and beyond those benefits provided under the Act. The bill stipulates that such payments are not to be treated as affecting or altering any existing right or remedy of an employer or employee under the Virginia Workers' Compensation Act.
Patron - O'Brien

P SB1248
Presumption as to death or disability, cancer. Provides that leukemia, as well as various other cancers, causing death or total or partial disability to a volunteer or salaried firefighter or hazardous materials officer who has 12 years of continuous service and who has contact with a toxic substance encountered in the line of duty is presumed to be an occupational disease. This bill is identical to House Bill 2413.
Patron - Forbes


F Failed

F HB1864
Line of Duty Act, death benefits. Increases, from $50,000 to $100,000, the death benefit for beneficiaries of law-enforcement officers and firefighters who die in the line of duty.
Patron - McQuigg

F HB2037
Serving of subpoenas. Allows any person over age 18 to serve subpoenas of the Workers' Compensation Commission or its deputies, provided such person is not a party or otherwise interested in the subject matter in controversy.
Patron - Moran

F HB2046
Duty to furnish medical attention. Increases from three to five the number of physicians that an employer must name to a panel from which his injured employee may choose in order to receive medical attention. The bill also authorizes employers to include in such panels a maximum of two physicians from each of two different practice groups.
Patron - Stump

F SB1016
Withdrawal of claim and/or application for a hearing. Allows either party in a workers' compensation case to withdraw a claim or application for a hearing once, as of right. Parties represented by counsel may withdraw such claim and/or application for a hearing within two business days of the hearing only if (i) the Workers' Compensation Commission finds good cause for the withdrawal and directs reimbursement of reasonable expenses incurred by the other party, or (ii) both parties consent to the withdrawal.
Patron - Holland

F SB1204
Lump sum payments; discount rate. Establishes that no workers' compensation awards may be paid to an employee or his dependents in a lump sum unless the sum is equal to the present value of future compensation payments computed at a discount rate equal to the thirty year U.S. Treasury bond rate. Current law provides for a discount rate equal to four percent true discount compounded annually.
Patron - Stosch

F SB1223
Professional employer organizations. Recognizes professional employer organizations (PEOs) as employers under the Virginia Workers' Compensation Act. PEOs are defined in the bill as business entities engaged in the business of employee leasing.
Patron - Edwards

F SB1264
Subrogation. Provides that employers may, in a third-party action, be subrogated to the administrative costs of furnishing benefits under the Virginia Workers' Compensation Act, together with such expenses as they may incur in furnishing rehabilitative services to the injured employees. The bill also eliminates provisions requiring employers to share in attorneys fees and expenses involved in any such third party actions.
Patron - Reynolds


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