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Workers' Compensation

P Passed

P HB410

Workers' compensation for coal worker's pneumoconiosis; definition of average weekly wage. Conforms the calculation of the average weekly wage for employees eligible for an award for coal worker's pneumoconiosis to the calculation for all other awards as defined at the beginning of the workers' compensation title.

Patron - Phillips

P HB577

Workers' compensation; disability from pneumoconiosis. Requires that the members of any panel or committee required to interpret or classify a chest roentgenogram for purposes of diagnosing a coal worker's pneumoconiosis shall be approved B-readers. A list of approved B-readers is compiled by the National Institute for Occupational Safety and Health pursuant to federal regulations on specifications for medical examinations for underground coal miners.

Patron - Phillips

P HB601

Workers' compensation; cancer presumption. Adds ovarian and breast cancer to the list of cancers which are presumed to be occupational diseases for volunteer and salaried firefighters and Department of Emergency Services hazardous materials officers.

Patron - McQuigg

P HB868

Workers' compensation; executive exclusion. Makes an executive officer's exercise of his option to reject workers' compensation coverage effective on the last to occur of (i) the date such person delivers the appropriate form to the employer or (ii) the effective date of the insurance policy. An executive officer who has rejected coverage can reinstate coverage by notice to the employer and to the Virginia Workers' Compensation Commission. Reinstated coverage will not extend to injuries that occur within five days of the giving of the notice; currently, injuries that occur within 30 days of such notice are excluded.

Patron - Tata

P HB1007

Workers' compensation coverage; hazardous materials emergency response team members. Allows regional volunteer hazardous materials emergency response team members to be deemed employees, for purposes of the Workers' Compensation Act, of the political subdivision in which the team's principal office is located. Such designation will be effective only in localities where the governing body has adopted a resolution acknowledging the members to be employees for purposes of the Act.

Patron - Shuler

P HB1036

Workers' compensation; coverage for alien workers. Includes alien workers, whether lawfully or unlawfully employed, as employees within the scope of the Virginia Workers Compensation Act. The bill gives unlawfully-employed alien workers the same status under the Act that unlawfully-employed minors currently have and has an emergency clause.

Patron - Bloxom

P HB1271

Workers' compensation; professional employer organizations. Requires any entity desiring to engage in the business of providing professional employer services to register with the Workers' Compensation Commission before it undertakes to provide such services. A professional employer organization may obtain workers' compensation insurance in its own name for all co-employees that it shares or that are allocated to it pursuant to the agreement between the professional employer organization and the client company. If the professional employer arrangement obtains workers' compensation insurance covering its co-employees, its policy shall cover all employees at the workforce of the client company, other than those covered by the client company's policy. The bill also (i) authorizes insurers to audit any professional employer arrangement to ensure that the appropriate premium is charged for workers' compensation insurance coverage and (ii) provides that a professional employer arrangement shall not be deemed to be engaged in the occupation, trade or profession of its client company solely as the result of providing services to that company.

Patron - Rust

P HB1420

Workers' compensation; medical reports. Adds certified rehabilitation providers providing services to an injured employee to the list of persons to whom health care providers, upon request, are required to furnish a copy of the employee's medical report. Currently, health care providers are required to give copies of the medical report to the injured employee, his employer, and the insurer.

Patron - Katzen

P SB735

Workers' compensation; professional employer organizations. Requires any entity engaging in the business of providing professional employer services to register with the Workers' Compensation Commission before it undertakes to provide such services. A professional employer organization may obtain workers' compensation insurance in its own name for all co-employees that it shares or that are allocated to it pursuant to the agreement between the professional employer organization and the client company. If the professional employer arrangement obtains workers' compensation insurance covering its co-employees, its policy shall cover all employees at the workforce of the client company, other than those covered by the client company's policy. The bill also (i) authorizes insurers to audit any professional employer arrangement to ensure that the appropriate premium is charged for workers' compensation insurance coverage and (ii) provides that a professional employer arrangement shall not be deemed to be engaged in the occupation, trade or profession of its client company solely as the result of providing services to that company.

Patron - Edwards

F Failed

F HB812

Workers' compensation; when notice of accident not required. Eliminates the requirement for employee notice of the accident to the employer if the employer is already compensating the employee for the accident.

Patron - Joannou

C Carried Over

C HB41

Presumption as to death or disability from hypertension or heart disease; special agents of the Department of Alcoholic Beverage Control. Extends the presumption for work-related death or disability from hypertension or heart disease under workers' compensation to include special agents of the Department of Alcoholic Beverage Control.

Patron - Woodrum