GOVERNOR'S VETO EXPLANATION

Pursuant to Article V, Section 6 of the Constitution of Virginia, I am returning this bill without my signature.

I am sure the motivations behind this bill are compassionate, but I am advised by experts in the Office of the Attorney General who work in this area of the law regularly that this bill has ramifications that must be considered.

This bill relates to the workers' compensation claim of an individual (hereinafter "recipient"), a state psychiatric nurse who was injured in the course and scope of her employment. As of January 9th of this year, the Commonwealth had paid the recipient's medical bills in the amount of $8,663.15 and had paid lost wages in the amount of $62,600.95. She receives approximately $500 per week in wage indemnity.

The recipient is already being compensated to the maximum extent provided by law. House Bill 1723 awards the recipient $122,582.37 on top of the monthly maximum legal rate of wage indemnity she receives from the Commonwealth and the medical benefits she receives. Accordingly, this bill would enable the recipient to circumvent the Workers' Compensation Act and receive funds not legally owed her.

Moreover, House Bill 1723 proposes to give the recipient the $122,582.37 upon her execution of a release of "claims" against the Commonwealth, excluding her claims for workers' compensation and benefits under the Virginia Retirement System (VRS). Yet VRS is a benefit (as opposed to a "claim") that would not be released anyway. Since House Bill 1723 does not require the recipient to release her workers' compensation claim, she will receive $122,582.37 plus wage indemnity of approximately $500 per week for 500 weeks plus all medicals paid for life and possibly permanent disability. Therefore, the $122,582.37 can only be viewed as a windfall. The Commonwealth has a potential exposure of $458,560.83 in workers' compensation related to this claim plus the monies proposed by House Bill 1723.

I am advised that no other workers' compensation claimant has ever received or currently receives such benefits as those proposed for the recipient by this legislation. This bill thus sets a dangerous precedent that will likely encourage future bills to provide selected individuals with benefits beyond those provided by law. It is simply unwise public policy.

Accordingly, I disapprove this bill.