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Introduced Version House Bill 4459 History

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hb4459 intr
H. B. 4459


(By Delegates Caputo, Perdue, Fleischauer,

Butcher, Eldridge, Guthrie, Mahan, Longstreth,

Manchin, Marshall and Boggs)


[Introduced February 12, 2010; referred to the

Committee on the Judiciary.]


A BILL to amend and reenact §23-4-15 of the Code of West Virginia, 1931, as amended, relating to increasing from one year to three years the time in which a dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death.

Be it enacted by the Legislature of West Virginia:

That §23-4-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-15. Application for benefits.
(a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, within six months from and after the injury or death, as the case may be, and unless filed within the six months period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, and all proofs of dependency in fatal cases must also be filed with the commission within six months from and after the death. In case the employee is mentally or physically incapable of filing the application, it may be filed by his or her attorney or by a member of his or her family.
(b) To entitle any employee to compensation for occupational pneumoconiosis under the provisions of this subsection, the application for compensation shall be made on the form or forms prescribed by the commission and effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, within three years from and after the last day of the last continuous period of sixty days or more during which the employee was exposed to the hazards of occupational pneumoconiosis or within three years from and after a diagnosed impairment due to occupational pneumoconiosis was made known to the employee by a physician and unless filed within the three-year period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, or, in the case of death, the application shall be filed by the dependent of the employee within one year three years from and after the employee's death, and such time limitation is a condition of the right and hence jurisdictional.
(c) To entitle any employee to compensation for occupational disease other than occupational pneumoconiosis under the provisions of this section, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, within three years from and after the day on which the employee was last exposed to the particular occupational hazard involved or within three years from and after the employee's occupational disease was made known to him or her by a physician or which he or she should reasonably have known, whichever last occurs, and unless filed within the three-year period, the right to compensation under this chapter shall be forever barred, such time limitation being hereby declared to be a condition of the right and therefore jurisdictional, or, in case of death, the application shall be filed as aforesaid by the dependent of the employee within one year from and after the employee's death, and such time limitation is a condition of the right and hence jurisdictional.



NOTE: The purpose of this bill is to increase from one year to three years the time in which a dependent may apply for
Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added
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