CHARLESTON – A bill that would end lawsuits being filed for injuries because an employer didn’t have proper safeguards in place is drawing attention at the state Capitol.
The topic of House Bill 4394 is enough reason for the bill to garner notice, but the testimony of recently resigned state Supreme Court Justice Evan Jenkins during a public hearing to support the bill has drawn focus as well.
Jenkins resigned from the state Supreme Court effective February 6, and he soon returned to private practice at Jenkins Fenstermaker in Huntington. He spoke during a public hearing February 17 for Allegheny Wood Products, a timbering company he said hired him to represent the company.
Jenkins testified that the company and others say the cost of insurance to cover deliberate intent lawsuits is a financial burden.
“Insurance isn’t available,” Jenkins said during the hearing. “Nobody wants to write the risk. And that’s why this important legislation needs to be passed.
“This is about a level playing field and making sure we can compete and can grow jobs in our state.”
The aim of HB 4394 is to make workers’ compensation claims the only way for victims of workplace accidents to receive compensation. The bill passed the House Banking and Insurance Committee on February 16 and was sent to the House Judiciary Committee.
Critics of the bill say it would harm families of people who suffer serious injuries or even death at work. Supporters say it would save companies money, keeping them from having to carry workers’ comp insurance coverage for deliberate-intent lawsuits.
Allegheny Wood Products CEO John Crites also spoke at the February 17 public hearing, which was conducted by the House Judiciary Committee.
“The burden of deliberate intent makes it really difficult to compete with companies from other states,” Crites said. “With deliberate intent, I’m continuously in a lawsuit all the time.”
An attorney for a man who lost his arm in a workplace accident said the issue isn’t the problem of lawsuits.
“The real issue seems to be accessibility of insurance for the timber industry,” Bill Tiano said. “This problem did not happen overnight, and we shouldn’t wave a magic wand and try to make it go away. Everyone in this room likely has a relative who this law was designed to protect. …
“If you can look your grandpa in the eye and tell him you’re proud you voted for this bill then, by all means, vote for it. A reasonable approach, I think, is to take a step back, look at the problem and try to correct it.”
Jenkins was questioned by delegates during a February 16 Banking and Insurance Committee hearing about his appearance. He said Allegheny Wood Products retained him as an attorney and asked him to represent it at the Legislature. He also said he had asked the West Virginia Ethics Commission if he could advocate for the company at the Legislature. He is not registered as a lobbyist.
On February 18, Jenkins shared an email exchange on Twitter with state Ethics Commission Executive Director Kim Weber about his ability to speak on behalf of a client.
