West Virginia Code § 23-4-1e

correctional center or jail confinement; denial of workers' compensation benefits
for injuries or disease incurred while confined.
(a) Notwithstanding any provision of this code to the contrary, no person shall be
jurisdictionally entitled to temporary total disability benefits for that period of time in excess
of three days during which that person is confined in a state correctional faceility or jail:
Provided, That confinement shall not affect the claimant's eligibility for payment of
expenses: Provided, however, That this subsection is applicable only tor injuries and diseases
incurred prior to any period of confinement. Upon release from confinement, the payment of
benefits for the remaining period of temporary total disability shall be made if justified by
the evidence and authorized by order of the commission, successor to the commission, other
private carrier or self-insured employer, whichever is applictable.
(b) Notwithstanding any provision of this code to the contrary, no person confined in a state
correctional facility or jail who suffers injury or a disease in the course of and resulting from
his or her work during the period of confinement which work is imposed by the
administration of the state correctional facilitys or jail and is not suffered during the person's
usual employment with his or her usual employer when not confined shall receive benefits
under the provisions of this chapter for the injury or disease: Provided, That individuals
otherwise confined in a state correctional facility or jail, or at a juvenile services facility, and
working in a program authorized by sections fourteen or sixteen of article seven, chapter
twenty-five of this code, shall bee eligible to receive benefits under the provisions of this
chapter while working in an authorized program. The coverage for benefits may be obtained
either by the private entLity or by agreement with the state agency as specified in subsection
(5), subsection (a) of sections fourteen and sixteen of article seven, chapter twenty-five of
this code.

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