West Virginia 2021 Regular Session Status: Enacted 5 R cosponsors

HB 3045 — Relating to firefighter disability claims

Last action — Chapter 279, Acts, Regular Session, 2021

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 10, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

73 added · 53 removed

Plain-language change summary

The recent amendment to Bill HB 3045 introduces a specific provision about how sick leave can be restored for employees who are injured on the job. If an employee uses sick leave due to a work-related injury but also receives temporary disability benefits for the same time, they can have their sick leave restored by reimbursing the employer for the disability benefits. This change is important because it ensures that employees do not receive double benefits for the same time off while still allowing them to recover their sick leave. It helps clarify the balance between sick leave and disability payments, particularly for state workers and first responders.

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NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 3045 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 3045 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced House Bill 3045 By Delegates Statler, Jennings, J.
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 3045 By Delegates Statler, Jennings, J.
Jeffries, Queen, Holstein, Storch, Westfall, Lovejoy, Maynard, Pethtel and Paynter [Introduced March 10, 2021;
Jeffries, Queen, Holstein, Storch, Westfall, Lovejoy, Maynard, Pethtel and Paynter  [Passed April 5, 2021;
referred to the Committee on Fire Departments and Emergency Medical Services then the Judiciary]   A BILL to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to deleting the July 1, 2023 sunset provision that would end a rebuttable presumption for a workers’ compensation benefits claim that a professional firefighter developed leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter as a rebuttable presumption.
in effect ninety days from passage.]   AN ACT to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to deleting the July 1, 2023 sunset provision that would end a rebuttable presumption for a workers’ compensation benefits claim that a professional firefighter developed leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter as a rebuttable presumption.
Provided further, That in the event if an employee is injured in the course of and resulting from covered employment and the injury results in lost time from work and the employee for whatever reason uses or obtains sick leave benefits and subsequently receives temporary total disability benefits for the same time period, the employee may be restored sick leave time taken by him or her as a result of the compensable injury by paying to his or her employer the temporary total disability benefits received or an amount equal to the temporary total disability benefits received.
Provided further, That if an employee is injured in the course of and resulting from covered employment and the injury results in lost time from work and the employee for whatever reason uses or obtains sick leave benefits and subsequently receives temporary total disability benefits for the same time period, the employee may be restored sick leave time taken by him or her as a result of the compensable injury by paying to his or her employer the temporary total disability benefits received or an amount equal to the temporary total disability benefits received.
(h) (1) For purposes of this chapter, a rebuttable presumption that a professional firefighter who has developed a cardiovascular or pulmonary disease or sustained a cardiovascular injury or who has developed leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter has received an injury or contracted a disease arising out of and in the course of his or her employment exists if:
(h) For purposes of this chapter, a rebuttable presumption that a professional firefighter who has developed a cardiovascular or pulmonary disease or sustained a cardiovascular injury or who has developed leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter has received an injury or contracted a disease arising out of and in the course of his or her employment exists if:
(2) The amendments made to this section during the regular session of the Legislature to include leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter as a rebuttable presumption shall expire on July 1, 2023, unless extended by the Legislature.
  NOTE:
The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
The purpose of this bill is to delete the July 1, 2023 sunset provision that would end a rebuttable presumption for a workers’ compensation benefits claim that a professional firefighter developed leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter.
    ...............................................................
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
        Chairman, House Committee                          ...............................................................
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                             Chairman, Senate Committee                                                       Originating in the House.
  In effect ninety days from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                   Clerk of the Senate                                         ...............................................................
                                            Speaker of the House of Delegates                                                                 ...............................................................
                                                                           President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2021.
                                                    .............................................................
                                                                                                Governor Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Chapter 279, Acts, Regular Session, 2021

  2. Approved by Governor 4/26/21

  3. Approved by Governor 4/26/21 - House Journal

  4. Approved by Governor 4/26/21 - Senate Journal

  5. To Governor 4/10/21

  6. To Governor 4/10/21 - House Journal

  7. To Governor 4/10/21 - Senate Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Passed Senate (Roll No. 317)

  12. Read 3rd time

  13. On 3rd reading

  14. Read 2nd time

  15. On 2nd reading

  16. Read 1st time

  17. On 1st reading

  18. Reported do pass

  19. To Health and Human Resources

  20. To Health and Human Resources

  21. Introduced in Senate

  22. Communicated to Senate

  23. Passed House (Roll No. 267)

  24. Read 3rd time

  25. On 3rd reading, Special Calendar

  26. Read 2nd time

  27. On 2nd reading, Special Calendar

  28. Read 1st time

  29. On 1st reading, Special Calendar

  30. Do pass

  31. To House Judiciary

  32. Do pass, but first to Judiciary

  33. To House Fire Departments and Emergency Medical Services

  34. Introduced in House

  35. To Fire Departments and Emergency Medical Services then Judiciary

  36. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 3045?
HB 3045 is sponsored by Joe Statler (Republican), D. Rolland Jennings (Republican), Ben Queen (Republican), Josh Holstein (Republican), Storch, Westfall, Lovejoy, Maynard, Pethtel, Paynter, and Dean Jeffries (Republican).
What is the current status of HB 3045?
This bill has been enacted into law. Introduced March 10, 2021. Enacted.
Where can I track HB 3045?
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