This bill amends the Code of West Virginia to enhance the handling of workers' compensation claims related to progressive massive fibrosis, a serious form of occupational pneumoconiosis caused by exposure to coal and silica dust. It introduces a new section, 23-4-8e, which defines progressive massive fibrosis and removes existing time limits for filing or modifying claims associated with this condition. This allows affected workers to seek compensation without the previous constraints. The bill also establishes an impairment rating for progressive massive fibrosis, ensuring that workers receive appropriate benefits, and clarifies definitions and criteria for occupational diseases in existing sections of the Code.

Furthermore, the bill outlines specific eligibility criteria for permanent total disability benefits, requiring claimants to demonstrate a whole body medical impairment of at least fifty percent or a thirty-five percent statutory disability. It introduces a provision that a diagnosis of progressive massive fibrosis will be considered a fifteen percent disability. The bill also streamlines the claims process by specifying procedures for filing applications for permanent total disability benefits and mandates necessary examinations and medical record reviews before determinations are made. Overall, these amendments aim to provide better support for workers suffering from severe disabilities while ensuring a fair and accountable evaluation process.

Statutes affected:
Introduced Version: 23-4-1, 23-4-6, 23-4-16, 23-4-8e