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.
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.
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