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 There were three workers’ compensation bills passed during
the recent 2008 legislative session. HB 4381 and HB 4636 were bills initially
drafted by the Insurance Commissioner. HB 4381 provides authority to appoint an
entity to manage the residual market (adverse risk). The bill also provides that
the Insurance Guaranty Association would cover carriers offering workers’
compensation insurance in HB 4636 amended the state contracts law, making clear defaulted employers may not carry on business with the state and makes clear that prohibition applies also to self-insured employers; changed the percent of insured employers' administrative and debt reduction surcharges; provides new time frames in which carriers must provide notices of contract cancellation or non-renewal; directs the Insurance Commissioner to develop rules to implement trial return to work and to regulate the licensing and registration of insurance adjustors and third party administrators; makes clear that employers may only protest an Old Fund decision, the Findings of the Occupational Pneumoconiosis Board, or a treating physician's impairment rating of 15% permanent partial disability or less (23-4-7); makes clear that a carrier may direct litigation; provides for conditional payment when compensability is denied, if the only basis for denial is that there was no new injury and that the claim involves an old claim; requires the party denying to begin conditional payment of the denied claim and give notice to the Office of Judges that it contends the claim is the responsibility of another carrier or self- insurer; provides that the Office of Judges may order another party to participate; Office of Judges may direct the party to take over payments; Office of Judges may treat a new claim application as a petition to reopen and petition to reopen as a new claim application. Finally, the bill increases salary for the Board of Review. SB 571 creates a refutable presumption of compensability for cardiovascular injury or disease of professional fire fighters employed by municipal fire departments. A detailed review of the 2008 legislation and West Virginia’s final transition to a fully competitive workers’ compensation insurance market will be presented at the April 24, 2008 Annual Conference at the Charleston Marriott.
Rules – Public hearing was held on May 20, 2008 on proposed changes to Rules 1, 2, 8 and 18. At that time, the deadline for filing written comments also expired. The Industrial Council will meet next on July 3, 2008 at 3:0 p.m. at the Offices of the Insurance Commissioner at which time final action on the rules is expected. NCSI - At the recent annual meeting of the National Council of Self-Insurers, our WVSIA Board Secretary-Treasurer, Loyd Hudson, American Electric Power , gave a program presentation on AEP’s Integrated Disability Program which he directs. Loyd did an excellent job. Also, Max Koonce, WVSIA board member, WalMart Corporation, completed his two year term as president of the National Council. Max retains a position on the NCSI’s Executive Committee and serves on its Board of Managers along with Loyd Hudson and newly elected Gary Kennedy, Patriot Coal. WVSIA continues to enjoy the long voluntary service of these three members of the WVSIA Board. All three will continue to contribute to the success of the National Council of Self-Insurers.
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