WEST virginia legislature
2016 regular session
Introduced
Senate Bill 63
By Senator Yost
[Introduced January 13, 2016;
Referred to the Committee on Banking and Insurance; then to the Committee on
the Judiciary; 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, relating to workers’ compensation benefits; and providing an award for occupational pneumoconiosis when there is a finding of no measurable pulmonary impairment.
Be it enacted by the Legislature of West Virginia:
That §23-4-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
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
section one of this article, 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
section one, article five of this chapter. 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 subdivisions (d), (e),
(g), (h), (i), (j), (k), (m) and (n), section six of this article: 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 it
is determined by the division in accordance with the facts of 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 twenty weeks of
benefits at the same benefits rate as provided herein.
If the employee dies from
occupational pneumoconiosis, the benefits shall be as provided for in
section ten of this article; as to the benefits, sections eleven to fourteen,
inclusive, of this article apply.
In cases of permanent disability or death due to occupational pneumoconiosis, as defined in section one of this article, accompanied by active tuberculosis of the lungs, compensation shall be payable as for disability or death due to occupational pneumoconiosis alone.
The provisions of section sixteen of this article and sections two, three, four and five, article five of this chapter 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.
NOTE: The purpose of this bill is to provide an employee, without measurable pulmonary impairment, twenty weeks of benefits at the same benefits rate as otherwise provided in this section which is a five percent benefit.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.