WVC 23 - 3 - 1 A
§23-3-1a. Transfer of silicosis fund to workers' compensation
fund; claims under former article six.
Ten percent of the funds collected and held as the workers'
compensation silicosis fund under the provisions of former article
six of this chapter shall be transferred to and made a part of the
workers' compensation fund provided for in the preceding section,
and the balance of the silicosis fund shall be refunded to the
subscribers to the fund in proportion to their contributions to the
fund under the provisions of former article six; and all awards
previously made under the provisions of article six shall be paid
from the workers' compensation fund, or directly by the employer,
under order of the executive director, if the employer has elected
to carry his or her own risk under the provisions of section nine,
article two of this chapter: Provided
, That notwithstanding the
repeal of article six, the provisions of the article are applicable
in all cases of the disease or death, because of silicosis, or an
employee whose last exposure to silicon dioxide dust has occurred
prior to the effective date of this section, whose claim or
application for compensation benefits for silicosis, or that of his
or her dependent, has not been filed prior to that date, and whose
employer, at the time of the exposure, was subject to the
provisions of article six of this chapter.