Disability and Death Benefits. | Midpage

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West Virginia Code

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Disability and Death Benefits.

23-4-1To whom compensation fund disbursed; occupational pneumoconiosis and other occupational diseases included in "injury" and "personal injury"; definition of occupational pneumoconiosis and other occupational diseases; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters.23-4-1aReport of injuries by employee.23-4-1bReport of injuries by employers.23-4-1cPayment of temporary total disability benefits directly to claimant; payment of medical benefits; payments of benefits during protest; right of commission, successor to the commission, private carriers and self-insured employers to collect payments improperly made.23-4-1dMethod and time of payments for permanent disability.23-4-1eTemporary total disability benefits not to be paid for periods of correctional center or jail confinement; denial of workers' compensation benefits for injuries or disease incurred while confined.23-4-1fCertain psychiatric injuries and diseases not compensable; definitions; legislative findings; terms; report required.23-4-1gWeighing of evidence.23-4-2Disbursement where injury is self-inflicted or intentionally caused by employer; legislative declarations and findings; "deliberate intention" defined.23-4-2aLimit on liability for noneconomic loss.23-4-3Schedule of maximum disbursements for medical, surgical, dental and hospital treatment; legislative approval; guidelines; preferred provider agreements; charges in excess of scheduled amounts not to be made; required disclosure of financial interest in sale or rental of medically related mechanical appliances or devices; promulgation of rules to enforce requirement; consequences of failure to disclose; contract by employer with hospital, physician, etc., prohibited; criminal penalties for violation; payments to certain providers prohibited; medical cost and care program; payments; interlocutory orders.23-4-3bCreation of health care advisory panel.23-4-3cSuspension or termination of providers of health care.23-4-4Funeral expenses; wrongfully seeking payment; criminal penalties.23-4-5Benefits for first three days after injury.23-4-6Classification of and criteria for disability benefits.23-4-6aBenefits and mode of payment to employees and dependents for occupational pneumoconiosis; further adjustment of claim for occupational pneumoconiosis.23-4-6bOccupational hearing loss claims.23-4-6cBenefits payable to certain sheltered workshop employees; limitations.23-4-6dBenefits payable to part-time employees.23-4-7Release of medical information to employer; legislative findings; effect of application for benefits; duty of employer.23-4-7aMonitoring of injury claims; legislative findings; review of medical evidence; recommendation of authorized treating physician; independent medical evaluations; temporary total disability benefits and the termination thereof; mandatory action; additional authority; suspension of benefits.23-4-7bTrial return to work; Insurance Commissioner to develop rules.23-4-8Physical examination of claimant.23-4-8aOccupational Pneumoconiosis Board; composition; term of office; duties; quorum; remuneration.23-4-8bOccupational Pneumoconiosis Board; procedure; autopsy.23-4-8cOccupational Pneumoconiosis Board; reports and distribution thereof; presumption; findings required of board; objection to findings; procedure thereon; limitations on refilings; consolidation of claims.23-4-8dOccupational pneumoconiosis claims never closed for medical benefits with exception of settled claims.23-4-9Physical and vocational rehabilitation.23-4-9aW. Va. Code § 23-4-9a 23-4-9bPreexisting impairments not considered in fixing amount of compensation.23-4-10Classification of death benefits; "dependent" defined.23-4-11To whom death benefits paid.23-4-12Application of benefits.23-4-13Effect of abandonment of spouse.23-4-14Computation of benefits.23-4-15Application for benefits.23-4-15aNonresident alien beneficiaries.23-4-15bDetermination of nonmedical questions; claims for occupational pneumoconiosis; hearing.23-4-16Jurisdiction over case continuous; modification of finding or order; time limitation on awards; reimbursement of claimant for expenses; reopening cases involving permanent total disability; promulgation of rules.23-4-16aInterest on benefits.23-4-17Commutation of periodical benefits.23-4-18Mode of paying benefits generally; exemptions of compensation from legal process.23-4-20Postmortem examinations.23-4-21Severability.23-4-22Permanent disability evaluations; limitations; notice.23-4-23Permanent total disability benefits; reduction of disability benefits; reduction of benefits; application of section; severability.23-4-24Permanent total disability awards; retirement age; limitations on eligibility and the introduction of evidence; effects of other types of awards; procedures; requests for awards; jurisdiction.23-4-25Permanent total disability benefits; reduction of disability benefits for wages earned by claimant.