Workers' compensation; injuries or deaths presumed to be in course of employment. (HB44)
Introduced By
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Workers' compensation; injuries presumed to be in course of employment. Revises the provision creating a presumption, in the absence of a preponderance of evidence to the contrary, that an injury is work related if an employee is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury was work related. This measure clarifies that the employee's inability to testify refers to testimony about how the accident occurred and limits the measure's application to circumstances where the employee's inability to testify is because of injuries from the accident. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 11/24/2015 | Committee |
| 11/24/2015 | Prefiled and ordered printed; offered 01/13/16 16101131D |
| 11/24/2015 | Referred to Committee on Commerce and Labor |
| 01/11/2016 | Impact statement from DPB (HB44) |
| 01/25/2016 | Impact statement from DPB (HB44) |
| 01/26/2016 | Assigned to sub: Special Workers Comp |
| 01/26/2016 | Assigned C & L sub: Special Workers Comp |
| 02/02/2016 | Subcommittee recommends reporting with amendment(s) (7-Y 2-N) |
| 02/09/2016 | Reported from Commerce and Labor with substitute (18-Y 4-N) (see vote tally) |
| 02/09/2016 | Committee substitute printed 16105123D-H1 |
| 02/11/2016 | Read first time |
| 02/11/2016 | Impact statement from DPB (HB44H1) |
| 02/12/2016 | Read second time |
| 02/12/2016 | Committee substitute agreed to 16105123D-H1 |
| 02/12/2016 | Engrossed by House - committee substitute HB44H1 |
| 02/15/2016 | Read third time and passed House (95-Y 3-N) |
| 02/15/2016 | VOTE: PASSAGE (95-Y 3-N) (see vote tally) |
| 02/16/2016 | Constitutional reading dispensed |
| 02/16/2016 | Referred to Committee on Commerce and Labor |
| 02/22/2016 | Reported from Commerce and Labor (14-Y 0-N 1-A) (see vote tally) |
| 02/24/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
| 02/25/2016 | Read third time |
| 02/25/2016 | Passed Senate (39-Y 0-N) (see vote tally) |
| 02/29/2016 | Enrolled |
| 02/29/2016 | Bill text as passed House and Senate (HB44ER) |
| 02/29/2016 | Impact statement from DPB (HB44ER) |
| 02/29/2016 | Signed by Speaker |
| 03/03/2016 | Signed by President |
| 03/04/2016 | Enrolled Bill communicated to Governor on 3/4/16 |
| 03/04/2016 | G Governor's Action Deadline Midnight, March 11, 2016 |
| 03/11/2016 | G Approved by Governor-Chapter 358 (effective 7/1/16) |
| 03/11/2016 | G Acts of Assembly Chapter text (CHAP0358) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.
Transcript
This is a transcript of the video clips in which this bill is discussed.
Del. Bill Howell (R-Fredericksburg): DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 27, NOS 12. AYES 27, NOS 12. THE BILL PASSES. HOUSE BILL 44, A BILL RELATING TO WORKERS' COMPENSATION, PRESUMPTION, INJURIES IN COURSE OF EMPLOYMENT. REPORTED FROM THE COMMITTEE ON COMMERCE AND LABOR. THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.
Sen. Frank Wagner (R-Virginia Beach): THANK YOU, MR. PRESIDENT. I MOVE THE HOUSE BILL 44 PASS AND SPEAKING TO THAT BILL.
[Unknown]: FLAR FLOOR.
Sen. Frank Wagner (R-Virginia Beach): MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, HOUSE BILL 44 ESTABLISHES A PRESUMPTION IN CLAIMS UNDER VIRGINIA'S WORKERS' COMPENSATION ACT THAT AN ACCIDENT AROSE IN THE COURSE OF EMPLOYMENT IF, ONE, THE EMPLOYEE DIES WHILE THEY'RE -- AS EVIDENCED THAT HE NEVER REGAIN CONSCIOUSNESS AFTER THE ACCIDENT, OR TWO, DIES AT THE ACCIDENT LOCATION OR NEARBY, OR THREE FOUND DEAD WHERE HE'S REASONABLY EXPECTED TO BE AS AN EMPLOYEE. THERE'S A PRESUMPTION WILL EXIST THAT THE ABSENCE OF A PROMISE OF EVIDENCE TO THE CONTRARY, THAT THE ACCIDENT IS IN FACT WORK RELATED. WITH THAT EXPLANATION, I MOVE THE BILL PASS.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 44 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 39, NOS 0. AYES 39, NOS 0.
Comments
As an Injured Worker who has endured the unbelievable Hostility associated with employer retribution for reporting unsafe work environments resulting in Injury and ongoing retaliation by former co-workers and purported "government" agencies whose SOLE Purpose for existing is supposedly to work in "the best interests of injured workers" I am SHOCKED at how HORRIBLE the STATE of VIRGINIA operates its Insurance racket aka: Virginia Workers Compensation Commission. Employers in Virginia are statutorily mandated to PAY for an 'INSURANCE POLICY' to "insure" their assets (human assets). It should not fall on the shoulders of the Injured Worker (employers asset) to FIGHT tooth and nail for RESTITUTION or RESTORATION to wholeness. The whole PURPOSE of the employers PrePayment of an "insurance policy" - is to HAVE COVERAGE. It's not the ROLE of the Insurance Company to "not pay" - and its the VWC's DUTY (the reason they exist and are "protected by statute") to OBLIGATE AND ENSURE that the Insurance Company PAYS OUT. So why is Virginia such a HOSTILE state to WORK in? The state motto should be changed from Virginia is for Lovers to Virginia is for Lawyers.