General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Workers' Compensation


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Workers' Compensation

Passed

P HB1877

Workers' compensation; infectious disease presumption. Provides that the existing provision that delays, until six months after an employee has undergone a preemployment physical examination, the presumption that certain diseases causing the death or disability of a firefighter or certain other employees who have a documented occupational exposure to blood or body fluids are presumed to be occupational diseases does not apply if a person entitled to invoke the presumption demonstrates a documented exposure during the six-month period.
Patron - Amundson

P HB2451

Workers' compensation; notice procedures. Requires decisions of the Workers' Compensation Commission to be sent by priority mail with delivery confirmation or equivalent mailing option. Currently, such notices must be sent by registered or certified mail. The measure also provides that if a party is represented by counsel, the counsel's receipt of the decision will be deemed to be receipt by the party. This bill is identical to SB 1132.
Patron - Griffith

P HB2728

Workers' compensation; smallpox vaccine. Expands the definition of "injury," for purposes of the workers' compensation, to include any injury, disease or condition that (i) arises out of and in the course of employment of an employee of a hospital, health care provider, or state or local health department or of a firefighter, emergency medical technician or other specified provider, and (ii) results from the administration of the vaccinia vaccine, Cidofivir, or Vaccinia Immune Globulin, as part of federal smallpox countermeasures, or from the transmission of vaccinia in the course of employment from an employee participating in such countermeasures to a co-employee of the same employer.
Patron - O'Bannon

P SB1132

Workers' compensation; notice procedures. Requires decisions of the Workers' Compensation Commission to be sent by priority mail with delivery confirmation or equivalent mailing option. Currently, such notices must be sent by registered or certified mail. The measure also provides that if a party is represented by counsel, the counsel's receipt of the decision will be deemed to be receipt by the party. This bill is identical to HB 2451.
Patron - Norment

Failed

F HB1964

Workers' compensation; occupational disease presumption. Provides that a person whose hypertension or heart disease is presumed to be an occupational disease is eligible for medical benefits under the Workers' Compensation Act, notwithstanding that he is not yet totally or partially disabled. The medical benefits include entitlement to an annual medical examination to measure the progress, if any, of the hypertension or heart disease, and to any other prescribed treatment for the condition.
Patron - Carrico

F HB2159

Workers' Compensation Commission; approval of agreements. Authorizes deputy commissioners of the Workers' Compensation Commission to approve agreements compromising or settling claims for compensation.
Patron - Phillips

F HB2171

Workers' compensation insurance rates for coal mining firms. Requires any rate service organization designated by the State Corporation Commission to gather and compile experience data for any classification of workers' compensation insurance that includes bituminous coal mining shall report such data annually to the Commission for the preceding five years. Group self-insurance associations and individual self-insurers for firms engaged in bituminous coal mining shall submit experience data to the Commission or a designated rate service organization. Workers' compensation rates for such firms shall reflect prospective loss costs data provided by such individual self-insurers and group self-insurance associations.
Patron - Phillips

F HB2747

Workers' compensation payments to professional football players. Provides that workers' compensation benefits to which an injured professional football player is entitled shall be reduced or offset by injury benefits or wages paid to the professional football player by his employer after the date of injury under any contract or collective bargaining agreement.
Patron - Bryant

F SB909

Workers' compensation; occupational disease presumption; mold exposure. Establishes a presumption that an immunologic or allergic reaction, toxic effect or infectious respiratory or pulmonary disease that results in the death or total or partial disability of a claimant shall be presumed to be an occupational disease that is covered by the Virginia Workers' Compensation Act, if the claimant establishes by a preponderance of the evidence that the condition resulted from mold exposure that occurred during the course of the claimant's employment within a building that is determined to be contaminated by the presence of mold.
Patron - Miller, Y.B.

F SB953

Physician assistants; medical malpractice and workers' compensation. Adds physician assistants to the list of professionals defined as a health care provider for purposes of medical malpractice liability limitations. The measure also recognizes physician assistants under the supervision of a licensed physician as covered providers under the Workers' Compensation Act, and authorizes the Workers' Compensation Commission or a member of the Commission to appoint a physician assistants to conduct a medical examination.
Patron - Blevins

F SB1130

Workers' compensation; permanent loss and disfigurement. Postpones the awarding of compensation for permanent loss and disfigurement until maximum medical improvement has been reached. Maximum medical improvement is reached when (i) the anatomical effects of injury or illness are permanent and (ii) all reasonable and necessary medical interventions, including but not limited to the implantation of artificial devices, have occurred.
Patron - Norment

F SB1323

Workers' compensation payments to professional football players. Provides that workers' compensation benefits to which an injured professional football player is entitled shall be reduced or offset by injury benefits or wages paid to the professional football player by his employer after the date of injury under any contract or collective bargaining agreement.
Patron - Williams

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