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WV HB2784
Bill
Status
2/21/2025
Primary Sponsor
John Paul Hott
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AI Summary
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Clarifies that employers who maintain mandatory workers' compensation insurance coverage or approved self-insured status are exempt from common law or statutory liability for employee injury or death
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Makes workers' compensation benefits the exclusive remedy for injured employees, eliminating their ability to pursue compensatory and punitive damages against employers, officers, directors, managers, agents, or co-employees acting in their employer capacity
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Repeals §23-2-6a, which previously provided separate exemption from liability for officers, managers, agents, representatives, or employees of contributing employers
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Removes the existing "deliberate intention" exception that previously allowed employees to sue employers in civil court when injury or death resulted from an employer's deliberate intention to cause harm
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Eliminates the detailed five-part test and procedural requirements that courts previously used to determine whether an employer lost immunity from lawsuit due to deliberate intention
Legislative Description
To reaffirm and enhance the workers compensation exclusive remedy rule or doctrine
Workers Compensation
Last Action
To House Judiciary
2/21/2025