Workers' compensation; injuries or deaths presumed to be in course of employment. (HB44)

Introduced By

Del. Greg Habeeb (R-Salem)

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

Bill Has Passed

History

DateAction
11/24/2015Committee
11/24/2015Prefiled and ordered printed; offered 01/13/16 16101131D
11/24/2015Referred to Committee on Commerce and Labor
01/11/2016Impact statement from DPB (HB44)
01/25/2016Impact statement from DPB (HB44)
01/26/2016Assigned to sub: Special Workers Comp
01/26/2016Assigned C & L sub: Special Workers Comp
02/02/2016Subcommittee recommends reporting with amendment(s) (7-Y 2-N)
02/09/2016Reported from Commerce and Labor with substitute (18-Y 4-N) (see vote tally)
02/09/2016Committee substitute printed 16105123D-H1
02/11/2016Read first time
02/11/2016Impact statement from DPB (HB44H1)
02/12/2016Read second time
02/12/2016Committee substitute agreed to 16105123D-H1
02/12/2016Engrossed by House - committee substitute HB44H1
02/15/2016Read third time and passed House (95-Y 3-N)
02/15/2016VOTE: PASSAGE (95-Y 3-N) (see vote tally)
02/16/2016Constitutional reading dispensed
02/16/2016Referred to Committee on Commerce and Labor
02/22/2016Reported from Commerce and Labor (14-Y 0-N 1-A) (see vote tally)
02/24/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/25/2016Read third time
02/25/2016Passed Senate (39-Y 0-N) (see vote tally)
02/29/2016Enrolled
02/29/2016Bill text as passed House and Senate (HB44ER)
02/29/2016Impact statement from DPB (HB44ER)
02/29/2016Signed by Speaker
03/03/2016Signed by President
03/04/2016Enrolled Bill communicated to Governor on 3/4/16
03/04/2016G Governor's Action Deadline Midnight, March 11, 2016
03/11/2016G Approved by Governor-Chapter 358 (effective 7/1/16)
03/11/2016G 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

MARSHA MAINES writes:

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.