West Virginia HB 4598: Relating generally to occupational pneumoconiosis

Bill Text

HB 4598 Text

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Introduced Version

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

WEST virginia 
legislature

2022 regular session

Introduced

House Bill 4598

By Delegates Evans, Pushkin, 
Garcia, Paynter, Worrell, Toney, Dean, Bridges, Zukoff, Haynes, and Fluharty

[Introduced February 09, 
2022; Referred to the Committee on Health and Human Resources then the 
Judiciary]

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