WVC 23 - 4 - 22
§23-4-22. Permanent disability evaluations; limitations; notice.
Notwithstanding any provision in this chapter to the contrary,
any claim which was closed for the receipt of temporary total
disability benefits or which was closed on a no-lost-time basis and
which was more than five years prior to the effective date of this
section shall not be considered to still be open or the subject for
an evaluation of the claimant for permanent disability merely
because an evaluation has not previously been conducted and a
decision on permanent disability has not been made: Provided,
if a request for an evaluation was made in a claim prior to the
twenty-ninth day of March, one thousand nine hundred ninety-three,
the commission shall have the evaluation performed. In every
instance, a claim shall be a case in which no award has been made
for the purposes of section sixteen of this article. In every
claim closed after the effective date of this section, the
commission shall give notice to the parties of the claimant's right
to a permanent disability evaluation.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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