WV HB2011 | 2015 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 9-0)
Status: Passed on April 15 2015 - 100% progression
Action: 2015-04-15 - Chapter 243, Acts, Regular Session, 2015
Text: Latest bill text (Enrolled) [HTML]
Spectrum: Partisan Bill (Republican 9-0)
Status: Passed on April 15 2015 - 100% progression
Action: 2015-04-15 - Chapter 243, Acts, Regular Session, 2015
Text: Latest bill text (Enrolled) [HTML]
Summary
The purpose of this bill is to address disbursements from the Workers' Compensation Fund where an injury is self inflicted or intentionally caused by the employer and permitting recovery in a private lawsuit. The bill requires the trier of fact to find that the alleged specific unsafe working condition in issue was a violation of a state or federal safety statute, rule or regulation, or of a commonly accepted and well-known safety standard within the industry or business of the employer, that was intended to address the specific hazard(s) presented by the alleged specific unsafe work condition. The bill requires that the trier of fact to also find that any governmental agency regulating the safety practices or premises of an employer has confirmed in a written investigate report the existence of the other specified facts that the trier of fact must find. The bill provides that the "actual knowledge" requirement that a safety statute, rule, regulation, or commonly accepted and well-known safety standard may not be presumed by its mere existence. The bill and requires that "actual knowledge" must be proven by the employee, or other person(s) entitled to recover, in order that the employer's immunity from a lawsuit is lost. The bill overrules the decision of the Supreme Court of Appeals of West Virginia in the case of McComas v. ACF Industries, LLC, Case No. 12-0548 (October 17, 2013).
Title
Relating to disbursements from the Workers' Compensation Fund where an injury is self inflicted or intentionally caused by the employer
Sponsors
| Del. Roger Hanshaw [R] | Del. John Shott [R] | Sen. Eric Nelson [R] | Del. Matthew Rohrbach [R] |
| Del. Kelli Sobonya [R] | Sen. Ryan Weld [R] | Del. Paul Espinosa [R] | Del. Joseph Statler [R] |
| Del. Carol Miller [R] |
Roll Calls
2015-03-14 - Senate - Senate concurred in House amendments and passed bill (Roll No. 42) (Y: 32 N: 2 NV: 0 Abs: 0) [PASS]
2015-03-14 - House - Passed House (Roll No. 578) (Y: 63 N: 33 NV: 4 Abs: 0) [PASS]
2015-03-14 - House - House concurred in Senate amendment (Roll No. 577) (Y: 61 N: 36 NV: 3 Abs: 0) [PASS]
2015-03-11 - Senate - Passed Senate (Roll No. 9) (Y: 31 N: 2 NV: 0 Abs: 0) [PASS]
2015-02-10 - House - Passed House (Roll No. 56) (Y: 54 N: 33 NV: 0 Abs: 0) [PASS]
2015-02-06 - House - Amendment to amendment rejected (Roll No. 46) (Y: 33 N: 62 NV: 5 Abs: 0) [FAIL]
2015-02-06 - House - Amendment rejected (Roll No. 45) (Y: 34 N: 62 NV: 4 Abs: 0) [FAIL]
2015-03-14 - House - Passed House (Roll No. 578) (Y: 63 N: 33 NV: 4 Abs: 0) [PASS]
2015-03-14 - House - House concurred in Senate amendment (Roll No. 577) (Y: 61 N: 36 NV: 3 Abs: 0) [PASS]
2015-03-11 - Senate - Passed Senate (Roll No. 9) (Y: 31 N: 2 NV: 0 Abs: 0) [PASS]
2015-02-10 - House - Passed House (Roll No. 56) (Y: 54 N: 33 NV: 0 Abs: 0) [PASS]
2015-02-06 - House - Amendment to amendment rejected (Roll No. 46) (Y: 33 N: 62 NV: 5 Abs: 0) [FAIL]
2015-02-06 - House - Amendment rejected (Roll No. 45) (Y: 34 N: 62 NV: 4 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2015-04-15 | House | Chapter 243, Acts, Regular Session, 2015 |
| 2015-03-18 | Senate | Approved by Governor 3/31/15 - Senate Journal |
| 2015-03-18 | House | Approved by Governor 3/31/15 - House Journal |
| 2015-03-31 | House | Approved by Governor 3/31/15 |
| 2015-03-18 | House | To Governor 3/27/15 - House Journal |
| 2015-03-27 | House | To Governor 3/27/15 |
| 2015-03-18 | Senate | To Governor 3/27/15 - Senate Journal |
| 2015-03-14 | Senate | Completed legislative action |
| 2015-03-14 | Senate | Communicated to House |
| 2015-03-14 | Senate | Senate concurred in House amendments and passed bill (Roll No. 42) |
| 2015-03-14 | Senate | House Message received |
| 2015-03-14 | House | Communicated to Senate |
| 2015-03-14 | House | Title amendment adopted (Voice vote) |
| 2015-03-14 | House | Passed House (Roll No. 578) |
| 2015-03-14 | House | House concurred in Senate amendment (Roll No. 577) |
| 2015-03-14 | House | House received Senate message |
| 2015-03-11 | Senate | Senate requests House to concur |
| 2015-03-11 | Senate | Floor Title amendment adopted |
| 2015-03-11 | Senate | CommitteeTitle amendment withdrawn by unanimous consent |
| 2015-03-11 | Senate | Passed Senate (Roll No. 9) |
| 2015-03-11 | Senate | Read 3rd time |
| 2015-03-11 | Senate | On 3rd reading |
| 2015-03-10 | Senate | Committee amendment as amended adopted (Voice vote) |
| 2015-03-10 | Senate | Amendment to committee amendment adopted (Voice vote) |
| 2015-03-10 | Senate | Committee Amendment Reported |
| 2015-03-10 | Senate | Read 2nd time |
| 2015-03-10 | Senate | On 2nd reading |
| 2015-03-09 | Senate | Read 1st time |
| 2015-03-09 | Senate | Immediate consideration |
| 2015-03-09 | Senate | Reported do pass, with amendment and title amendment |
| 2015-02-11 | Senate | To Judiciary |
| 2015-02-11 | Senate | To Judiciary |
| 2015-02-11 | Senate | Introduced in Senate |
| 2015-02-11 | Senate | House Message received |
| 2015-02-10 | House | Communicated to Senate |
| 2015-02-10 | House | Passed House (Roll No. 56) |
| 2015-02-10 | House | Read 3rd time |
| 2015-02-10 | House | Amended on 3rd reading |
| 2015-02-10 | House | Amendment reported by the Clerk |
| 2015-02-10 | House | On 3rd reading, Daily Calendar |
| 2015-02-09 | House | Laid over on 3rd reading, Daily Calendar, until 2/10 |
| 2015-02-09 | House | On 3rd reading, Daily Calendar |
| 2015-02-06 | House | Amendment adopted (Voice vote) |
| 2015-02-06 | House | Amendment reported by the Clerk |
| 2015-02-06 | House | Amendment adopted (Voice vote) |
| 2015-02-06 | House | Amendment to amendment rejected (Roll No. 46) |
| 2015-02-06 | House | Amendment reported by the Clerk |
| 2015-02-06 | House | Amendment adopted (Voice vote) |
| 2015-02-06 | House | Amendment to amendment rejected |
| 2015-02-06 | House | Amendment reported by the Clerk |
| 2015-02-06 | House | Amendment withdrawn (Voice vote) |
| 2015-02-06 | House | Amendment rejected (Roll No. 45) |
| 2015-02-06 | House | Read 2nd time |
| 2015-02-06 | House | On 2nd reading, Daily Calendar |
| 2015-02-05 | House | Read 1st time |
| 2015-02-05 | House | On 1st reading, Daily Calendar |
| 2015-02-04 | House | By substitute, do pass |
| 2015-01-14 | House | To House Judiciary |
| 2015-01-14 | House | Introduced in House |
| 2015-01-14 | House | To Judiciary |
| 2015-01-14 | House | Filed for introduction |
Same As/Similar To
SB11 (Same As) 2015-01-14 - To Judiciary
Subjects
Contracts
Disabilities
Governmental Agencies
Human Services
Liability
Professions and Occupations
Unemployment Compensation
Disabilities
Governmental Agencies
Human Services
Liability
Professions and Occupations
Unemployment Compensation
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 23 | 4 | 2 | Amended Code | Citation Text |
