WVC 23 - 4 - 24
§23-4-24. Permanent total disability awards; retirement age;
limitations on eligibility and the introduction of
evidence; effects of other types of awards;
procedures; requests for awards; jurisdiction.
(a) Notwithstanding any provision of this chapter to the
contrary, except as stated below, no claimant shall be awarded
permanent total disability benefits arising under subdivision (d)
or (n), section six of this article or section eight-c of this
article who terminates active employment and is receiving full
old-age retirement benefits under the Social Security Act, 42
U.S.C. §401 and 402. Any claimant shall be evaluated only for the
purposes of receiving a permanent partial disability award premised
solely upon the claimant's impairments. This subsection is not
applicable in any claim in which the claimant has completed the
submission of his or her evidence on the issue of permanent total
disability prior to the later of the following: Termination of
active employment or the initial receipt of full old-age retirement
benefits under the Social Security Act. Once the claimant has
terminated active employment and has begun to receive full old-age
social security retirement benefits, the claimant may not produce
additional evidence of permanent total disability nor shall the
claim be remanded for the production of the evidence.
(b) The Workers' Compensation Commission, successor to the
commission, other private carrier or self-insured employer,
whichever is applicable, has the sole and exclusive jurisdiction to initially hear and decide any claim or request pertaining, in whole
or in part, to subdivision (d) or (n), section six of this article.
Any claim or request for permanent total disability benefits
arising under said subdivisions shall first be presented to the
commission as part of the initial claim filing or by way of an
application for modification or adjustment pursuant to section
sixteen of this article. The office of judges may consider a claim
only after the commission, successor to the commission, other
private carrier or self-insured employer, whichever is applicable,
has entered an appropriate order.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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