Bills Address Intoxicated Workers, First Responder Presumptions

Friday, January 13, 2023 | 0

Lawmakers in West Virginia introduced measures that would preclude intoxicated workers from receiving comp benefits and would modify several presumptions for first responders.

HB 2190, introduced Wednesday, would require a medical provider for a person who suffered a traumatic personal injury to administer a blood test to determine whether the person was intoxicated at the time of the workplace injury.

Workers who refuse to submit to blood tests would be disqualified from workers' comp benefits. Any dependents of a worker who refuses a blood test would also forfeit their ability to collect comp benefits, the bill states.

Blood tests must be given within 12 hours of the occurrence of the injury and before seeing a physician or beginning any medical or substance treatment, since other medication could alter the blood test results.

Lawmakers on the same day introduced three bills that would amend several presumptions for first responders.

HB 2025 would eliminate language in the law that permits compensable diagnoses of post-traumatic stress disorder to allow for all “licensed mental health providers” to diagnose post-traumatic stress disorder, and not just “psychiatrists,” as is stated in current law.

Both HB 2128 and SB 79 would expand rebuttable cancer presumptions for firefighters to include bladder cancer, mesothelioma and testicular cancer.

All three bills were sent to committees.

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