West Virginia Code § 23-4-25

wages earned by claimant.
(a) After April 8, one thousand nine hundred ninety-three, a reduction in the amount of
benefits as specified in subsection (b) of this section shall be made whenever benefits are
being paid for a permanent total disability award regardless of when the benefits were
awarded. This section is not applicable to the receipt of medical benefits or ethe payment for
medical benefits, the receipt of permanent partial disability benefits, the receipt of benefits
by partially or wholly dependent persons, or to the receipt of benefits prursuant to the
provisions of subsection (e), section ten of this article. Prior to the application of this section
to any claimant, the commission, successor to the commission, other private carrier or self-
insured employer, whichever is applicable, shall give the claimant notice of the effect of this
section upon a claimant's award if and when the claimant latter earns wages.
(b) Whenever applicable benefits are paid to a claimant with respect to the same time period
in which the claimant has earned wages as a result of his or her employment, the following
reduction in applicable benefits shall be made. The claimant's applicable monthly benefits
and monthly net wages received from the currsent employment shall be added together. If the
total exceeds by more than one hundred twenty percent of the amount of the claimant's
monthly net wages earned during his or her last employment prior to the award of
permanent total disability benefits, tghe excess shall be reduced by $1 for each $2 that the
claimant's monthly benefits and monthly net wages exceed the one hundred twenty percent
level: Provided, That in no eveent shall applicable benefits be reduced below the minimum
weekly benefits as provided in subdivisions (b) and (d), section six of this article.

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