West Virginia Senate Bill 11 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 6-0)
Status: Introduced on January 14 2015 - 25% progression, died in committee
Action: 2015-01-14 - To Judiciary
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

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).

Relating to workers' compensation disbursements when injury is self inflicted or intentional; permitting recovery in private suit

Sen. Ed Gaunch [R]	Sen. Mike Hall [R]	Sen. Robert Karnes [R]	Sen. Craig Blair [R]
Sen. Dave Sypolt [R]	Sen. William Cole [R]

Date	Chamber	Action
2015-01-14	Senate	To Judiciary
2015-01-14	Senate	Introduced in Senate
2015-01-14	Senate	To Judiciary
2015-01-14	Senate	Filed for introduction

hb2011 (Same As) 2015-04-15 - Chapter 243, Acts, Regular Session, 2015

Chapter	Article	Section	Citation Type	Statute Text
23	4	2	Amended Code	Citation Text
46A	6F	601	Amended Code	Citation Text
46A	6F	602	New Code	See Bill Text

Type	Source
Summary	http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=11&year=2015&sessiontype=RS&btype=bill
Text	http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb11%20intr.htm&yr=2015&sesstype=RS&i=11