This bill aims to amend the Code of West Virginia by establishing payment guidelines specifically for employees suffering from pulmonary massive fibrosis without current pulmonary impairment. The proposed changes include new legal language that allows for claims to be filed by employees who have pulmonary massive fibrosis but do not currently exhibit pulmonary impairment. The bill stipulates that these employees must provide written certification from a board-certified pulmonologist confirming their condition and that the employer fraudulently concealed or manipulated dust or air quality samples. Additionally, it outlines a tiered compensation structure based on the severity of the condition, with Category A receiving 10 percent, Category B receiving 20 percent, and Category C receiving 30 percent.

Furthermore, the bill emphasizes that any cause of action based on this new provision must be filed within one year of meeting the requirements and includes a provision that the employee must prove fraudulent concealment by the employer. The intent of this legislation is to ensure that employees who may face future impairment due to their condition are not barred from seeking compensation due to the time limitations typically associated with filing complaints. Overall, the bill seeks to enhance protections and compensation for workers affected by pulmonary massive fibrosis, thereby addressing a gap in the current workers' compensation framework.

Statutes affected:
Introduced Version: 23-4-2