West Virginia Senate Bill 251 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 4-0)
Status: Introduced on January 16 2015 - 25% progression, died in committee
Action: 2015-01-16 - To Judiciary
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

The purpose of this bill is to remove the ability to pierce workers’ compensation immunity by filing a private cause of action and proving through five factors that an employer acted with deliberate intent to injure an employee. In lieu of this private cause of action, the bill permits in permanent total disability or dependent benefits claims, a recovery of enhanced workers' compensation benefits of up to an additional thirty percent of the benefits award which a claimant is otherwise entitled under this chapter by proving the same five factors before the Workers’ Compensation Office of Judges.

Modifying private cause of action for deliberate intention workers' compensation claims

Sen. Jeffrey Mullins [R]

Sen. Robert Karnes [R]

Sen. Kent Leonhardt [R]

Sen. Ed Gaunch [R]

Date	Chamber	Action
2015-01-16	Senate	To Judiciary
2015-01-16	Senate	Introduced in Senate
2015-01-16	Senate	To Judiciary
2015-01-16	Senate	Filed for introduction

Chapter	Article	Section	Citation Type	Statute Text
23	4	2	Amended Code	Citation Text

Type	Source
Summary	http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=251&year=2015&sessiontype=RS&btype=bill
Text	http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb251%20intr.htm&yr=2015&sesstype=RS&i=251