This bill aims to amend the Code of West Virginia, specifically section 23-4-2, to establish payment guidelines for employees suffering from pulmonary massive fibrosis without current pulmonary impairment. The proposed changes include new provisions that allow employees with this condition to receive compensation based on specific categories, with Category A receiving 10 percent, Category B receiving 20 percent, and Category C receiving 30 percent. Additionally, the bill stipulates that any cause of action related to this condition must be filed within one year of meeting the requirements, and the employee must prove that the employer fraudulently concealed or manipulated dust or air quality samples.

Furthermore, the bill introduces a requirement for written certification from a board-certified pulmonologist to confirm the diagnosis of pulmonary massive fibrosis without current pulmonary impairment. This certification must include all relevant evidence, such as diagnostic test results. The bill also emphasizes that no punitive or exemplary damages shall be awarded to the employee or plaintiff, and it allows for the bifurcation of discovery in legal actions to expedite the resolution of immunity issues. Overall, the bill seeks to provide a structured approach to compensation for employees facing potential future impairments due to pulmonary conditions.

Statutes affected:
Introduced Version: 23-4-2