West Virginia 2023 Regular Session

West Virginia House Bill HB2798

Introduced
1/18/23  

Caption

Clarifying that the time limitations provided for filing occupational pneumoconiosis claims do not apply or otherwise limit the ability of a claimant to obtain an evaluation from the Occupational Pneumoconiosis Board.

Impact

The implications of HB 2798 are significant for employees affected by occupational pneumoconiosis. By clarifying that time limitations do not apply to obtaining an evaluation, the bill removes potential barriers for claimants who may need more time to assess their condition thoroughly. This change may lead to increased claims for workers' compensation related to occupational pneumoconiosis, providing enhanced support to workers suffering from this disease and potentially leading to better health outcomes.

Summary

House Bill 2798 seeks to clarify the provisions regarding the filing of occupational pneumoconiosis claims in West Virginia. Specifically, the bill amends ยง23-4-15 of the Code of West Virginia to state that the time limitations associated with filing these claims do not limit or apply to a claimant's ability to seek an evaluation from the Occupational Pneumoconiosis Board. This legislative change is intended to enhance the access of workers suffering from occupational pneumoconiosis to evaluations necessary for their claims without being subjected to the same stringent time restrictions as other claims cases.

Sentiment

Overall, the sentiment surrounding HB 2798 appears to be positive among workers' advocacy groups and labor representatives, who see the measure as a necessary protection for employees dealing with occupational diseases. The changes are largely welcomed as a means to ensure that individuals do not miss out on the opportunity to have their conditions evaluated due to restrictive filing deadlines. However, there may be concerns regarding the administrative implications of an increase in claims and evaluations for the Occupational Pneumoconiosis Board.

Contention

While the bill generally enjoys support, concerns may arise regarding the potential impact on the resources and efficiency of the Occupational Pneumoconiosis Board in handling increased evaluations. Stakeholders may question whether the board has the capacity to manage a higher number of claims effectively. Additionally, any discussions on the funding and operational aspects concerning the board could provoke debate, particularly regarding the sustainability of such changes amidst growing claims.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4352

Clarifying that the time limitations provided for filing occupational pneumoconiosis claims do not apply or otherwise limit the ability of a claimant to obtain an evaluation from the Occupational Pneumoconiosis Board.

WV HB2133

Clarifying that the time limitations provided for filing occupational pneumoconiosis claims do not apply or otherwise limit the ability of a claimant to obtain an evaluation from the Occupational Pneumoconiosis Board

WV SB70

Relating to time limitation for filing occupational pneumoconiosis claims

WV SB107

Relating to time limitation for filing occupational pneumoconiosis claims

WV SB286

Relating to time limitation for filing occupational pneumoconiosis claims

WV SB16

Clarifying requirements for filing occupational pneumoconiosis claims

WV HB4825

Relating to the Occupational Pneumoconiosis Board

WV HB2032

Relating to the Occupational Pneumoconiosis Board

WV HB4279

Relating to the Occupational Pneumoconiosis Board

WV HB3109

Relating to the Occupational Pneumoconiosis Board

Similar Bills

WV SB83

Relating generally to occupational pneumoconiosis

WV HB4598

Relating generally to occupational pneumoconiosis

WV SB597

Providing permanent partial disability awards for occupational pneumoconiosis

WV SB525

Providing benefits to employees with occupational pneumoconiosis

WV SB177

Adding certain cancers as rebuttable presumption for certain injuries and diseases for professional firefighters

WV HB2292

Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters

WV SB133

Including certain types of cancers for which rebuttable presumption of injury exists for firefighters

WV SB70

Relating to time limitation for filing occupational pneumoconiosis claims