GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I am returning House Bill 93 without my signature.

HB 93 is a claims bill which awards $133,786.80 to Ms. Beverly Russell, who was injured in the course and scope of her employment as a State psychiatric nurse at Catawba Hospital. This award is in addition to the Workers' Compensation benefits that Ms. Russell is currently receiving from the State. As of April 10, 1998, the Commonwealth has paid Ms. Russell's medical bills in the amount of $26,341.08, and has paid lost wages in the amount of $94,605.14. In addition, Ms. Russell receives $506.73 per week in wage indemnity. Ms. Russell is being compensated to the maximum extent provided by law.

In 1997, HB 1723, which is virtually identical to the present bill, was passed by the General Assembly. HB 1723 awarded Ms. Russell $122,582.00 on this same claim. Governor Allen, however, vetoed this bill as "unwise policy" which would set "dangerous precedent that will likely encourage future bills to provide selected individuals with benefits beyond those provided by law."

I am advised that in response to Governor Allen's veto, HB 8, for the relief of James W. Pearson, enacted in 1986, has been mentioned as precedent. HB 8 is easily distinguishable. Unlike Ms. Russell, all of Mr. Pearson's medical bills were not compensable through Workers' Compensation. Also, unlike this bill, HB 8 required Mr. Pearson to release all claims to future Workers' Compensation benefits.

House Bill 93 clearly sets bad precedent which encourages future bills seeking to provide selected individuals with benefits beyond that provided by law.

Accordingly, I disapprove of this bill.