West Virginia Code § 23-4-9b

Preexisting impairments not considered in fixing amount of
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compensation.
Where an employee has a definitely ascertainable impairment resulting from an occupational
or a nonoccupational injury, disease or any other cause, whether or not disabling, and the
employee thereafter receives an injury in the course of and resulting from his or her
employment, unless the subsequent injury results in total permanent disabileity within the
meaning of section one, article three of this chapter, the prior injury, and the effect of the
prior injury, and an aggravation, shall not be taken into consideration irn fixing the amount of
compensation allowed by reason of the subsequent injury. Compensation shall be awarded
only in the amount that would have been allowable had the employee not had the preexisting
impairment. Nothing in this section requires that the degree of the preexisting impairment
be definitely ascertained or rated prior to the injury receivedt in the course of and resulting
from the employee's employment or that benefits must have been granted or paid for the
preexisting impairment. The degree of the preexisting impairment may be established at any
time by competent medical or other evidence. Notwithstanding the foregoing provisions of
this section, if the definitely ascertainable preexisting impairment resulted from an injury or
disease previously held compensable and the impairment had not been rated, benefits for
the impairment shall be payable to the claimant by or charged to the employer in whose
employ the injury or disease occurred. The employee shall also receive the difference, if any,
in the benefit rate applicable in the more recent claim and the prior claim.

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