HB 4901
Modifying the Occupational Pneumoconiois award categories for Worker’s Compensation
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- 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 employees who develop pulmonary massive fibroids without current pulmonary impairment, anticipating future impairment that might otherwise fall outside the standard filing timeframe. It aims to provide support for these individuals. The bill also clarifies the requirements for establishing liability when an employer’s deliberate intention caused an injury, particularly focusing on demonstrating knowledge of unsafe working conditions and violations of safety standards. Finally, it outlines specific criteria for determining compensation in cases of pulmonary massive fibrosis, including requirements for certification by a board-certified pulmonologist and proof of fraudulent concealment of dust samples.
Key provisions
- Establishes payment guidelines for employees developing pulmonary massive fibroids without current pulmonary impairment.
- Defines ‘deliberate intention’ as a requirement for employer liability in injury cases.
- Requires proof of specific unsafe working conditions and violations of safety standards to establish liability.
- Outlines criteria for certification by a board-certified pulmonologist for claims related to pulmonary massive fibrosis.
- Specifies a tiered payment structure for pulmonary massive fibrosis cases based on the severity of impairment.
- Mandates a verified statement from a safety expert in cases alleging liability.
- Allows for bifurcation of discovery to separate liability and damage issues.
- Establishes exclusive venue for workers' compensation claims.
Who is affected
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