West Virginia legislation · 2025 Regular Session
West Virginia HB3109: Relating to the Occupational Pneumoconiosis Board
Status: Introduced, March 4, 2025
The purpose of this bill is to clarify that the time limitations provided for filing occupational pneumoconiosis claims in this section does not apply to or otherwise limit the ability of a claimant to obtain an evaluation from the Occupational Pneumoconiosis Board.
What the bill says
To amend and reenact §23-4-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that the time limitations provided for filing occupational pneumoconiosis claims do not apply or otherwise limit the ability of a claimant to obtain an evaluation from the Occupational Pneumoconiosis Board. ARTICLE 4. DISABILITY AND DEATH BENEFITS. §23-4-15. Application for benefits. (a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation.
From the introduced text, March 4, 2025:
A BILL to amend and reenact §23-4-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that the time limitations provided for filing occupational pneumoconiosis claims do not apply or otherwise limit the ability of a claimant to obtain an evaluation from the Occupational Pneumoconiosis Board. ARTICLE 4. DISABILITY AND DEATH BENEFITS. §23-4-15. Application for benefits. (a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation shall be made on the form or forms prescribed by the Insurance Commissioner, and filed with the Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within six months from and after the injury or death, as the case may be, and unless filed within the six months period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, and all proofs of dependency in fatal cases must also be filed with the commission within six months from and after the death. In case the employee is mentally or physically incapable of filing the application, it may be filed by his or her attorney or by a member of his or her family. (b) To …