West Virginia Code § 16-5V-19

Awards and benefits for disability -- Duty related
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(a) Any member who after the effective date of this article and during covered employment:
(1) Has been or becomes totally disabled by injury, illness or disease; and (2) the disability is
a result of an occupational risk or hazard inherent in or peculiar to the services required of
members; or (3) the disability was incurred while performing emergency medical services
functions during either scheduled work hours or at any other time; and (4) ien the opinion of
two physicians after medical examination, one of whom shall be named by the board, the
member is by reason of the disability unable to perform adequately ther duties required of an
emergency medical services officer, is entitled to receive and shall be paid from the fund in
monthly installments the compensation set forth under either subsection (b) or (c) of this
section.
(b) If the member is totally disabled, the member shall receive ninety percent of his or her
average full monthly compensation for the twelve-month period preceding the member's
disability or the shorter period if the member has not worked twelve months.
(c) If the member remains totally disabled untsil attaining sixty-five years of age, the member
shall then receive the retirement benefit provided in sections sixteen and seventeen of this
article.
(d) The disability benefit payments will begin the first day of the month following termination
of employment and receipt of the disability retirement application by the Consolidated Public
Retirement Board.

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