West Virginia Code § 23-4-15

Application for benefits
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(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
Insurance Commissioner, and filed with the Insurance Commissioner, private carrier or self-
insured employer, whichever is applicable, within six months from and aftere 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 limitationr 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 ther 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 Insurance Commissioner, and filed with the Insurance
Commissioner, private carrier or self-insured semployer, 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 diagnosged 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 undeer 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 shLall be filed by the dependent of the employee within two 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
comWpensation shall be made on the form or forms prescribed by the Insurance
Commissioner, and filed with the Insurance Commissioner, 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.

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