Burial Expenses. Increases the maximum amount of burial expenses an employer may be required to pay for a deceased worker from $5,000 to $10,000. Also, this legislation increases the amount of reasonable transportation expenses an employer may be required to pay for the deceased employee from $500 to $1,000. (HB 1066)
Voluntary Payments. Allows employers making workers' compensation payments to deduct from such payments any voluntary payments which were not due and payable. Current law allows deducting the voluntary payments by shortening the time period during which benefits are paid to the injured employee. This bill changes the law by allowing the weekly benefits to be reduced by an amount not to exceed one-fourth of the amount of the weekly payment for as long as necessary for the employer to recover the voluntary payment. (SB 443)
Payments to Minors or Incapacitated Persons. Increases from $300 to $10,000 the amount of compensation payments which may be made to the parent or guardian of a minor. The bill also provides that when the amount of payment due a minor or incapacitated person is greater than $10,000, rather than greater than $300 as provided in the current law, the payments shall be made to a guardian or conservator of the minor or incapacitated adult. (HB 812)
Duty to Furnish Medical Attention. Removes wheelchairs from the provision limiting reimbursement for specified medical equipment and modifications to an aggregate cost of $25,000 for any one accident. Under this new legislation, wheelchairs, walkers, canes or crutches must be furnished, fitted, and maintained by the employer as the nature of the injury may require, and such appliances are not subject to the $25,000 lifetime cap. In addition, this bill requires employers to provide prosthetic or orthotic appliances, proper fitting and maintenance, and training in the use of the appliance when an accident results in the loss of use of an arm, hand, leg or foot. Under current law, such appliances, maintenance, and training are only required when an accident results in the amputation of an arm, hand, leg, or foot. (SB 365)
Requirement to Provide Copies of Medical Reports. Amends the Workers' Compensation Act to permit a representative of (1) an injured employee, (2) the employer, or (3) the insurer to request and receive medical reports from any physician attending an injured employee. (HB 878)
Notice of Request for Review of Award. Modifies the provisions governing the deadline for receipt by the Workers'Compensation Commission of an application for review of a Deputy Commissioner's award. Under current law, such an application must be made within 20 days of the date of the award. This bill alters the law by computing the 20-day period from the date the parties receive their notice of the award by registered or certified mail, as currently required by Virginia Code § 65.2-704. (HB 813)
Notice. Requires the Workers' Compensation Commission to provide copies of any written notice, opinion, order or award regarding a specific case to the employee, the employer and the compensation carrier, and, if represented, their counsel, at the same time and in the same manner. (HB 909)
Uninsured Employer's Fund; Payment of Tax. Increases the maximum premium tax for the uninsured and self-insured employer fund. Under current law, the Workers' Compensation Commission may not assess premium tax for this fund in excess of one-quarter of one percent. This bill establishes one-half of one percent as the ceiling for this tax, a rate that will revert to one-quarter of one percent on January 1, 2000. This bill also directs the Commission to conduct a study of the uninsured employer's fund focused on: (1) the fund's revenue needs; (2) administration of claims; and (3) oversight of self-insured employers. The Commission will report its study results to the Senate Commerce and Labor and the House Labor and Commerce Committees by December 1, 1998. The bill has an emergency clause and became effective immediately upon enactment. (SB 16)
Business Licenses; Workers' Compensation Coverage Required. Prohibits localities from issuing or reissuing a business license to any contractor who (1) has not obtained or is not maintaining workers' compensation coverage and (2) at the time of application for business license issuance or reissuance, is required to maintain such coverage. (SB 193)
Charles V. Mehler, III
Mr. Mehler is an Associate in the Firm.
E-mail: cmehler@woodsrogers.com