Bill Text: WV SB83 | 2022 | Regular Session | Introduced
Bill Title: Relating generally to occupational pneumoconiosis
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2022-01-12 - To Banking and Insurance [SB83 Detail]
Download: West_Virginia-2022-SB83-Introduced.html
WEST virginia legislature
2022 regular session
Introduced
Senate Bill 83
By Senator Stollings
[Introduced January 12, 2022;
referred
to the Committee on Banking and Insurance; and then to the Committee on Finance]
A BILL to amend and reenact §23-4-6a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §23-4-26, all relating to occupational pneumoconiosis; eliminating the prohibition on permanent partial disability awards based solely on a diagnosis of occupational pneumoconiosis; declaring that an employee with occupational pneumoconiosis without measurable pulmonary impairment shall be paid certain benefits; and requiring certain claimants to receive permanent partial disability awards that may later be offset from a future disability award.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-6a. Benefits and mode of payment to employees and dependents for occupational pneumoconiosis; further adjustment of claim for occupational pneumoconiosis.
If an employee is found to
be permanently disabled due to occupational pneumoconiosis, as defined in
§23-4-1 of this code, the percentage of permanent disability is determined by
the degree of medical impairment that is found by the Occupational Pneumoconiosis
Board. The commission, successor to the commission, other private carrier, or
self-insured employer, whichever is applicable, shall enter an order setting
forth the findings of the occupational pneumoconiosis board with regard to
whether the claimant has occupational pneumoconiosis and the degree of medical
impairment, if any, resulting therefrom. That order is the final decision of
the commission for purposes of §23-5-1 of this code. If a decision is objected
to, the office of judges shall affirm the decision of the Occupational
Pneumoconiosis Board made following hearing unless the decision is clearly
wrong in view of the reliable, probative and substantial evidence on the whole
record. Compensation is paid therefor in the same manner and at the same rate as
is provided for permanent disability under the provisions of §23-4-6 of this
code: Provided, That for any employee who applies for occupational
pneumoconiosis benefits whose award was granted on or after the effective date
of the amendment and reenactment of this section during the year two thousand
three, there shall be no permanent partial disability awarded based solely upon
a diagnosis of occupational pneumoconiosis, it being the intent of the
Legislature to eliminate any permanent partial disability awards for
occupational pneumoconiosis without a specific finding of measurable impairment
if the commissioner determines, in accordance with the facts in the case and
with the advice and recommendation of the Occupational Pneumoconiosis Board,
that an employee has occupational pneumoconiosis, but without measurable
pulmonary impairment therefrom, the employee shall be awarded and paid 20 weeks
of benefits at the same benefit rate as herein provided.
If the employee dies from occupational pneumoconiosis, the benefits shall be as provided for in §23-4-10 of this code; as to the benefits, §23-4-11 through §23-4-14 of this code apply.
In cases of permanent disability or death due to occupational pneumoconiosis, as defined in §23-4-1 of this code, accompanied by active tuberculosis of the lungs, compensation shall be payable as for disability or death due to occupational pneumoconiosis alone.
The provisions of §23-4-16 of this code and §24-5-2 through §24-5-5 of this code providing for the further adjustment of claims are applicable to the claim of any claimant who receives a permanent partial disability award for occupational pneumoconiosis.
§23-4-26. Permanent partial disability awards for workers suffering from pulmonary massive fibrosis and/or complicated pneumoconiosis.
In all cases before the Occupational Pneumoconiosis Board where there has been an X-ray diagnosis of pulmonary massive fibrosis or complicated pneumoconiosis without impairment, the claimant shall be granted a 25 percent permanent partial disability award by the commissioner. The award of 25 percent herein shall be offset from any future permanent partial disability award recommended by the Occupational Pneumoconiosis Board and granted by the commissioner or claims administrator.
NOTE: The purpose of this bill is to provide benefits to employees with pneumoconiosis under certain circumstances.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.