New Legislation Taking Effect – Effective July 1, 2023
Due to divided political control of the Virginia government, the 2023 legislative session was relatively mild in regards to workers’ compensation. Four new bills are set to take effect on July 1, 2023, almost all of which expand benefits to first responders. Each of the bills passed by the General Assembly this year were signed by the Governor without amendment.
NEWLY ENACTED LEGISLATION – BILLS ARE EFFECTIVE JULY 1, 2023:
HB 1408: Presumption of Compensability for Bladder and Thyroid Cancers – Expands the presumption of compensability of certain cancers for firefighters, police officers, and certain hazardous material officers and special agents with five years of service to include bladder and thyroid cancer. The presumption for these cancers does not apply to individuals diagnosed with such condition before July 1, 2023. (2/02/2023 Passed House 100-Y 0-N) (2/03/023 Referred to Senate Committee on Commerce and Labor) (02/13/2023 Reported from Senate Committee on Commerce and Labor 14-Y 0-N) (02/13/2023 Referred to Senate Committee on Finance and Appropriations) (02/15/2023 Reported from Finance and Appropriations 14-Y 0-N) (02/17/2023 Passed the Senate 39-Y 0-N) (03/22/2023 Approved by the Governor- Chapter 204, effective July 1, 2023).
HB 1410/SB 1038: Presumption for Arson and Hazardous Materials Investigators – Expands presumptions of compensability for certain cancers (Leukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, or testicular cancer) to cover arson, bomb, and hazardous materials investigators. (02/02/2023 Passed House 100-Y 0-N) (02/03/2023 Referred to Senate Committee on Commerce and Labor) (02/13/2023 Reported from Senate Committee on Commerce and Labor 14-Y 0-N) (02/13/2023 Referred to Senate Committee on Finance and Appropriations) (02/15/2023 Reported from Finance and Appropriations 14-Y 0-N) (02/17/2023 Passed the Senate 39-Y 0-N) (03/22/2023 Approved by the Governor – Chapter 104, effective July 1, 2023).
HB 1775/SB 904: Anxiety Disorder or Depressive Disorder Incurred by Law-Enforcement Officers – Anxiety or depressive disorders incurred by law-enforcement officers or firefighters are compensable under the same basis as post-traumatic stress disorder, except in cases of responding to crime scenes for investigation. (02/02/2023 Passed House 100-Y 0-N) (02/03/2023 Referred to Senate Committee on Commerce and Labor) (02/13/2023 Substitute bill Reported from Senate Committee on Commerce and Labor 14-Y 0-N) (02/13/2023 Referred to Senate Committee on Finance and Appropriations) (02/15/2023 Reported from Finance and Appropriations 14-Y 0-N) (02/17/2023 Passed the Senate with substitute 39-Y 0-N) (02/21/2023 House vote on Senate substitute 70-Y 28-N) (02/21/2023 House reconsideration of Senate Substitute 0-Y 97-N) (02/22/2023 Senate Insisted on Substitute 40-Y 0-N) (02/24/2023 – Conference Report agreed to by Senate 40-Y 0-N) (02/24/2023 -Conference Report agreed to by House 95-Y 0-N) (03/22/2023 Approved by the Governor – Chapter 243, effective July 1, 2023).
HB 2418: Group Self-Insurance Associations – Allows two or more workers’ compensation group self-insurance associations to merge as long as the resulting group self-insurance association assumes in full all obligations of the merged group self-insurance associations. (02/06/2023 Passed House 100-Y 0-N) (02/07/2023 Referred to Senate Committee on Commerce and Labor) (02/13/2023 Reported from Senate Committee on Commerce and Labor 15-Y 0-N) (02/16/2023 Passed Senate 40-Y 0-N) (03/23/2023 Approved by the Governor – Chapter 426, effective July 1, 2023).
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