General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Workers' Compensation


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Workers' Compensation

Passed

P HB474

Workers' Compensation Insurance; self-insurers; deposit to secure payment. Authorizes the Workers' Compensation Commission to accept certificates of deposit, U.S. government bonds, letters of credit, and cash as instruments that will secure the payment of workers' compensation liabilities of self-insured employers. Currently, such employers may be required to deposit an acceptable security, indemnity, or bond. This bill is identical to SB 323.
Patron - Nixon

P HB864

Workers' compensation; lien by employer on settlement or verdict. Provides that an employer's payment of workers' compensation benefits creates not only a subrogation interest, but an actual lien against any proceeds obtained by verdict or settlement from a third party or recovered pursuant to the uninsured or underinsured motorist provisions of a motor vehicle insurance policy carried by the employer. Under current law, the employer has a subrogation interest in a recovery by the employee against a third party that it must enforce independently or perfect prior to verdict. The bill also provides that where the employer must sue to recover on its lien, it is not required to bear any share of the reasonable expenses and reasonable attorney's fees associated with that portion of its lien that is not preserved. This bill is identical to SB 588.
Patron - Byron

P HB1267

Workers' compensation; electoral board members. Clarifies that electoral board members are considered county and city employees who are defined as "employees" for purposes of eligibility for workers' compensation benefits. The bill is stated to be declaratory of existing law.
Patron - Byron

P SB323

Workers' Compensation Insurance; self-insurers; deposit to secure payment. Authorizes the Workers' Compensation Commission to accept certificates of deposit, U.S. government bonds, letters of credit, and cash as instruments that will secure the payment of workers' compensation liabilities of self-insured employers. Currently, such employers may be required to deposit an acceptable security, indemnity, or bond. This bill is identical to HB 474.
Patron - Stolle

P SB547

Workers' compensation; AmeriCorps members and Food Stamp Employment and Training Program participants. Provides that members of AmeriCorps and food stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program shall be deemed to be employees of the Commonwealth for purposes of the Workers' Compensation Act. Such persons shall be eligible for reimbursement for medical costs from covered injuries, but shall not be eligible to receive weekly compensation. An emergency clause makes the bill effective upon passage.
Patron - Puckett

P SB558

Workers' compensation; lien by employer on settlement or verdict. Provides that an employer's payment of workers' compensation benefits creates not only a subrogation interest, but an actual lien against any proceeds obtained by verdict or settlement from a third party or recovered pursuant to the uninsured or underinsured motorist provisions of a motor vehicle insurance policy carried by the employer. Under current law, the employer has a subrogation interest in a recovery by the employee against a third party that it must enforce independently or perfect prior to verdict. The bill also provides that where the employer must sue to recover on its lien, it is not required to pay any share of the reasonable expenses and reasonable attorney's fees associated with that portion of its lien that is not preserved. This bill is identical to HB 864.
Patron - Norment

P SB597

Workers' Compensation Commission; powers. Provides that with respect to all matters within its jurisdiction, the Commission shall have the power of a court of record to administer oaths, to compel the attendance of witnesses and the production of documents, to punish for contempt, to appoint guardians and to enforce compliance with its lawful orders and awards.
Patron - Wagner

Failed

F SB56

Workers' compensation; choice of physician. Eliminates the requirement that an employer offer an employee a choice of three physicians. The employer will be required to provide to the injured employee medical attention from a physician chosen by the employee.
Patron - Miller

Carried Over

C HB957

Workers' compensation; definition of injury. Provides that "injury" for volunteer or salaried firefighters includes an injury incurred during travel to or from their place of employment for the purposes of beginning or ceasing work.
Patron - Barlow

C SB582

Workers' compensation; presumption as to death or disability. Adds volunteer or salaried emergency medical service providers to those employees for whom there exists a presumption that a (i) respiratory disease, (ii) hypertension or heart disease, or (iii) cancer, which causes death or disability, is an occupational disease, suffered in the line of duty.
Patron - Colgan

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