HB 2682
Modifying the Occupational Pneumoconiois award categories for Worker’s Compensation
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia’s Workers’ Compensation system to establish payment guidelines for individuals diagnosed with pulmonary massive fibroids without current pulmonary impairment who are at risk of developing future impairment. Specifically, it outlines categories for awards based on the severity of the condition, aiming to provide support for those facing potential long-term respiratory issues. The bill also clarifies the circumstances under which an employer may be held liable for injuries resulting from deliberate intent, establishing specific criteria for proving such intent.
Key provisions
- Establishes payment categories for pulmonary massive fibroids without current pulmonary impairment, based on severity.
- Defines criteria for determining employer liability when injury results from deliberate intent, requiring proof of conscious and deliberate action.
- Specifies requirements for demonstrating actual knowledge of unsafe working conditions by the employer.
- Outlines procedures for bifurcating discovery in cases involving liability claims.
- Addresses the potential for punitive damages, explicitly prohibiting them.
- Clarifies venue for lawsuits related to Workers’ Compensation claims.
- Establishes a timeframe for bringing claims related to prior injuries.
- Addresses the specific requirements for proving liability in cases involving pulmonary massive fibrosis without current pulmonary impairment.
Who is affected
- Workers’ Compensation recipients
- Employees with respiratory illnesses
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