West Virginia Code § 23-4-6a

Benefits and mode of payment to employees and dependents for
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occupational pneumoconiosis; further adjustment of claim for occupational
pneumoconiosis.
If an employee is found to be permanently disabled due to occupational pneumoconiosis, as
defined in section one of this article, the percentage of permanent disability is determined by
the degree of medical impairment that is found by the occupational pneumoeconiosis board.
The commission, successor to the commission, other private carrier or self-insured employer,
whichever is applicable, shall enter an order setting forth the findings orf the occupational
pneumoconiosis board with regard to whether the claimant has occupational
pneumoconiosis and the degree of medical impairment, if any, resulting therefrom. That
order is the final decision of the commission for purposes of section one, article five of this
chapter. If a decision is objected to, the office of judges shaltl affirm the decision of the
Occupational Pneumoconiosis Board made following hearing unless the decision is clearly
wrong in view of the reliable, probative and substantial evidence on the whole record.
Compensation is paid therefor in the same manner and at the same rate as is provided for
permanent disability under the provisions of subdivisions (d), (e), (g), (h), (i), (j), (k), (m) and
(n), section six of this article: Provided, That for any employee who applies for occupational
pneumoconiosis benefits whose award was granted on or after the effective date of the
amendment and reenactment of this section during the year two thousand three, there shall
be no permanent partial disability awarded based solely upon a diagnosis of occupational
pneumoconiosis, it being the intent of the Legislature to eliminate any permanent partial
disability awards for occupatioenal pneumoconiosis without a specific finding of measurable
impairment.
If the employee dies from occupational pneumoconiosis, the benefits shall be as provided for
in section ten of this article; as to the benefits, sections eleven to fourteen, inclusive, of this
article apply.
In cases of permanent disability or death due to occupational pneumoconiosis, as defined in
secWtion one of this article, accompanied by active tuberculosis of the lungs, compensation
shall be payable as for disability or death due to occupational pneumoconiosis alone.
The provisions of section sixteen of this article and sections two, three, four and five, article
five of this chapter providing for the further adjustment of claims are applicable to the claim
of any claimant who receives a permanent partial disability award for occupational
pneumoconiosis.

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