West Virginia Code § 23-4-20

Postmortem examinations
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The commission, successor to the commission, other private carrier or self-insured employer,
whichever is applicable, may, after due notice to the employer and claimant, whenever it
considers it necessary, order an autopsy and may designate a duly licensed physician to
make the postmortem examination or examinations that are necessary to determine the
cause of the deceased employee's death. The physician shall file with the coemmission a
written report of his or her findings. The claimant and the employer, respectively, have the
right to select a physician of his her or its own choosing and, at his or hrer or its own
expense, to participate in the postmortem examination. The respective physicians selected
by the claimant and the employer have the right to concur in any report made by the
physician selected by the commission, successor to the commission, other private carrier or
self-insured employer, whichever is applicable, or each may tfile with the commission,
successor to the commission, other private carrier or self-insured employer, whichever is
applicable, a separate report. In any case, including silicosis cases, in which either the
employer or a claimant requests that an autopsy be performed, the autopsy shall be directed
as provided in this section. In the event that a claimant for compensation for the death
refuses to consent and permit the autopsy to be made all rights to compensation shall be
forfeited.

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