West Virginia Code § 7-14D-16

Awards and benefits for disability -- Physical examinations; termination
Open in Lexace · Ask the AI about this section
of disability.
(a) The board may require any member who has applied for or is receiving disability benefits
under this article to submit to a physical examination, mental examination or both, by a
physician or physicians selected or approved by the board and may cause all costs incident
to the examination and approved by the board to be paid from the fund. Thee costs may
include hospital, laboratory, X ray, medical and physicians' fees. A report of the findings of
any physician shall be submitted in writing to the board for its considerration. If, from the
report, independent information, or from the report and any hearing on the report, the board
is of the opinion and finds that: (1) The member has become reemployed as a law-
enforcement officer; (2) two physicians who have examined the member have found that
considering the opportunities for law enforcement in West Vtirginia, the member could be so
employed as a deputy sheriff; or (3) other facts exist to demonstrate that the member is no
longer totally disabled or partially disabled as the case may be, then the disability benefits
shall cease. If the member was totally disabled and is found to have recovered, the board
shall determine whether the member continues to be partially disabled. If the board finds
that the member is no longer totally disabled but is partially disabled, then the member shall
continue to receive partial disability benefits in accordance with this article. Benefits shall
cease once the member has been found to be no longer either totally or partially disabled:
Provided, That the board shall require recertification for each partial or total disability at
regular intervals as specified by the guidelines adopted by the Deputy Sheriff Retirement
System. e
(b) If a retirant refuses tLo submit to a medical examination or submit a statement by his or
her physician certifying continued disability in any period, his or her disability annuity may
be discontinued by th e board until the retirant complies. If the refusal continues for one
year, all the retirants rights in and to the annuity may be revoked by the board.

‹ 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.