West Virginia Code § 55-7G-6

Elements of proof for silica actions alleging silicosis
Open in Lexace · Ask the AI about this section
No silica action related to alleged silicosis may be brought or maintained in the absence of
prima facie evidence that the exposed person has a physical impairment as a result of
silicosis. The plaintiff shall make a prima facie showing of claim for each defendant and
include a detailed narrative medical report and diagnosis signed under oath by a qualified
physician that includes all of the following: e
(1) Radiological or pathological evidence of silicosis or a high-resolution computed
tomography scan showing evidence of silicosis;
(2) A detailed occupational and exposure history from the exposed person or, if that person
is deceased, from the person most knowledgeable about the exposures that form the basis of
the action, including identification of all principal places of employment and exposures to
airborne contaminants and whether each place of employment involved exposures to
airborne contaminants, including silica or other disease causing dusts or fumes, that may
cause pulmonary impairment and the nature, duratlion and level of any exposure;
(3) A detailed medical, social and smoking history from the exposed person or, if that person
is deceased, from the person most knowledigeable, including a thorough review of the past
and present medical problems and tgheir most probable cause;
(4) Evidence that a sufficient latency period has elapsed between the exposed person's date
of first exposure to silica and the day of diagnosis;
(5) Evidence based upon a personal medical examination and pulmonary function testing of
the exposed person or, if the exposed person is deceased, based upon the person's medical
records, demonstrati ng that the exposed person has or the deceased person had a
permanent reVspiratory impairment rating of at least Class 2 as defined by and evaluated
pursuant to the AMA's Guides to the Evaluation of Permanent Impairment or reported
significant changes year to year in lung function for FVC, FEV1 or DLCO as defined by the
American Thoracic Society's Interpretative Strategies for Lung Function Tests, 26 European
Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated; and
(6) The specific conclusion of the qualified physician signing the report that exposure to
silica was a substantial contributing factor to the exposed person's physical impairment and
not more probably the result of other causes. An opinion stating that the medical findings
and impairment are consistent with or compatible with exposure to silica, or words to that
effect, do not satisfy the requirements of this subdivision.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.