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SB641 SUB1 Senate Bill 641 History

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Key: Green = existing Code. Red = new code to be enacted



COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 641

(By Senators Oliverio, Prezioso, McKenzie, Kessler, Edgell, Bowman, Sharpe, Minard, Ross, Snyder and Unger)

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[Originating in the Committee on the Judiciary;

reported February 26, 2002.]

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A BILL to amend and reenact section eight-a, article four, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the occupational pneumoconiosis board to meet in various locations around the state for the purpose of testing of occupational pneumoconiosis claimants.

Be it enacted by the Legislature of West Virginia:
That section eight-a, article four, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-8a. Occupational pneumoconiosis board -- Composition; term of office; duties; quorum; remuneration.

The occupational pneumoconiosis board shall consist of five licensed physicians who shall be appointed by the commissioner. No person shall be appointed as a member of the board, or as a consultant thereto, who has not by special study or experience, or both, acquired special knowledge of pulmonary diseases. All members of the occupational pneumoconiosis board shall be physicians of good professional standing, admitted to practice medicine and surgery in this state and two of them shall be roentgenologists. One of the board shall be designated annually as chairman by the commissioner. The term of office of each member of the board shall be six years. The five members of the existing board in office on the effective date of this section shall continue to serve until their terms expire and until their successors have been appointed and have qualified. Any member of the board may be appointed to any number of terms. The function of the board is to determine all medical questions relating to cases of compensation for occupational pneumoconiosis under the direction and supervision of the commissioner. Any three members of the board constitute a quorum for the transaction of its business, if at least one of the members present is a roentgenologist. The commissioner shall, from time to time, fix the compensation to be paid each member of the board and members are also entitled to reasonable and necessary traveling and other expenses incurred while actually engaged in the performance of their duties. In fixing the compensation of board members, the commissioner shall take into consideration the number of claimants a member of the board actually examines, the actual time spent by members in discharging their duties and the recommendation of the compensation programs performance council as to reasonable reimbursement per unit of time expended based on comparative data for physicians within the state in the same medical specialties.
The board shall meet, from time to time, in various locations throughout the state for the purpose of testing claimants for occupational pneumoconiosis. The locations should have adequate medical facilities to accomplish the required testing on the claimants and be selected to limit travel time for claimants. Notice of the dates of the meetings shall be provided to occupational pneumoconiosis claimants who desire to undergo testing in alternative locations other than Charleston. The division shall propose rules in accordance with section seven, article three, chapter twenty-one-a of this code designed to ensure uniformity of testing and results and to insure claimants receive notice sufficiently in advance of testing times in order to make arrangements to appear for testing.
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(NOTE: The purpose of this bill is to require the occupational pneumoconiosis board to meet in locations other than Charleston in order to test occupational pneumoconiosis claimants. The bill is intended to afford claimants an alternative to testing in Charleston.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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