West Virginia Code § 8-22A-19

Same -- Physical examinations; recertification; termination of disability
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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. The costs may
include hospital, laboratory, X-ray, medical and physicians' fees. A report ofe the findings of
any physician shall be submitted in writing to the board for its consideration. If, from the
report, independent information, or from the report and any hearing onr the report, the board
finds that the member is no longer totally disabled and is engaged in or is able to engage in
substantial gainful employment, then the disability benefits shall cease. The board shall
require recertification annually for the first three years of disability and thereafter at the
discretion of the board. For purposes of recertification the btoard may require a disability
retirant to undergo a medical examination to be made by or under the direction of a
physician designated by the board, or to submit a statement signed by the disability
retirant's physician certifying continued disability, and may require the retirant to submit
copies of annual income tax returns. If a retirant refuses to submit to medical examinations
or to provide statements or returns requested for recertification, the board may discontinue
disability until the retirant complies.

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