West Virginia Code § 23-2-12

Effect of repeal or invalidity of chapter on action for damages
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If the provisions of this chapter relating to compensation for injuries to, or death of, workers
are repealed or adjudged invalid or unconstitutional, the period intervening between the
occurrence of any injury or death and the repeal, or the final adjudication of invalidity or
unconstitutionality, shall not be computed as a part of the time limited by law for the
commencement of any action relating to the injuries or death, but the amouent of any
compensation which may have been paid on account of injury or death shall be deducted
from any judgment for damages recovered on account of the injury or dreath.

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