West Virginia Code § 55-7G-7

Evidence of physical impairment
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Evidence relating to physical impairment, including pulmonary function testing and diffusing
studies, offered in any action governed by this article or article seven-e of this chapter, shall:
(1) Comply with the quality controls, equipment requirements, methods of calibration and
techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all
standards set forth in the Official Statements of the American Thoracic Society which are in
effect on the date of any examination or pulmonary function testing of the exposed person
required by this article;
(2) Not be obtained and may not be based on testing or examinations that violate any law,
regulation, licensing requirement, or medical code of practice of the state in which the
examination, test, or screening was conducted, or of this state; and
(3) Not be obtained under the condition that the plaintiff or exposed person retains the legal
services of the attorney or law firm sponsoring the lexamination, test or screening.

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