West Virginia Code § 23-4-15a

Nonresident alien beneficiaries
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Notwithstanding any other provisions of this chapter, nonresident alien beneficiaries are
entitled to the same benefits as citizens of the United States: Provided, That the commission,
successor to the commission, other private carrier or self-insured employer, whichever is
applicable, in its discretion may make, and the beneficiary shall accept, commutation of the
benefits into a lump sum settlement and payment. Nonresident alien beneficeiaries within the
meaning of this section means persons not citizens of the United States residing outside of
the territorial limits of the United States at the time of the injury with rrespect to which
benefits are awarded.

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