WVC 23 - 4 - 8 B
§23-4-8b. Occupational Pneumoconiosis Board; procedure; autopsy.
The Occupational Pneumoconiosis Board, upon reference to it by
an appropriate party of a case of occupational pneumoconiosis,
shall notify the employee, or in case he or she is dead, the
claimant, and the employer, successor to the commission, other
private carrier or self-insured employer, whichever is applicable,
to appear before the board at a time and place stated in the
notice. If the employee is living, he or she shall appear before
the board at the time and place specified and submit to the
examination, including clinical and X-ray examinations, required by
the board. If a physician licensed to practice medicine in the
state makes an affidavit that the employee is physically unable to
appear at the time and place designated by the board, the board
shall, on notice to the proper parties, change the place and time
as may reasonably facilitate the hearing or examination of the
employee or may appoint a qualified specialist in the field of
respiratory disease to examine the claimant on behalf of the board.
The employee, or in case he or she is dead, the claimant, and
employer shall also produce as evidence to the board all reports of
medical and X-ray examinations which may be in their respective
possession or control, showing the past or present condition of the
employee. If the employee is dead, the notice of the board shall
further require that the claimant produce necessary consents and
permits so that an autopsy may be performed, if the board so
directs. When in the opinion of the board an autopsy is considered necessary accurately and scientifically to ascertain and determine
the cause of death, the autopsy examination shall be ordered by the
board, which shall designate a duly licensed physician, a
pathologist or any other specialists determined necessary by the
board, to make the examination and tests to determine the cause of
death and certify his or her or their written findings, in
triplicate, to the board. The findings shall be public records.
In the event that a claimant for compensation for the death refuses
to consent and permit the autopsy to be made, all rights for
compensation are forfeited.
The employee, or if he or she be dead, the claimant, and the
employer, shall be entitled to be present at all examinations
conducted by the board and to be represented by attorneys and
Note: WV Code updated with legislation passed through the 2016 Regular Session
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