WVFA Mountain State Forestry Summer 2020

WVFA President (304.282.5417 or email at chasslerwv@gmail. com) if you are interested in providing the necessary data. Any information that is provided will remain confidential and only shared with HUB International and United Health Care. Truck Weights for Truck/Pup Trailer Combinations Senate Bill 6 was passed during the 2020 WV Legislative session. The law amends the WV code to allow “four-axle tractors with one steering axle and three axles in tridem in combination with dual axle pup trailers” to apply for a permit to haul 94,000 pounds on state highways (not interstate routes). The code also lists specific maximum axle weight limits for this 6-axle combination. Guidelines for applying for the required permit should be available in the very near future. Mandolidis Since the late 1970’s WV employers have been legally liable for “deliberate intent” accidents/injuries occurring to their employees. Prior to the 1978 Supreme Court decision, all accidents and injuries were handled within an employer’s workers’ compensation insurance coverage. Following the Supreme Court decision an injured employee could sue their employer outside their Workers’ Compensation insurance policy. In order for the employee to prevail they must meet five required elements. For an employer to be covered against these types of lawsuits, they must purchase additional workers’ compensation coverage, known as Broad Form insurance. If a logger does not have this type of insurance, they should contact their agent to learn more. The existence of “deliberate intent” liability in West Virginia has been a negative factor in attracting business to WV. During the 2020 legislative session, WVFA and WVLC pushed for legislation to remedy this situation. Although legislation was not forthcoming in 2020, there was a House Concurrent Resolution (118) that “the Joint Committee on Government and Finance study state logging regulations regarding trucking and related insurance requirements compared to other logging intensive states.” A primary objective of this resolution is to ensure WV “has a level playing field compared to other logging intensive states.” According to the resolution, the study will produce a report and draft necessary legislation. The WVFA legislative team and the WVLC will be closely monitoring the progress of this Study Resolution and will actively pursue legislation in the 2021 legislative session to eliminate this anti-business situation. W V L O G G E R S C O U N C I L N E W S www.wvfa.org Summer 2020 |  West Virginia Forestry Association Mountain State Forestry 29