West Virginia 2024 Regular Session

West Virginia House Bill HB4352

Introduced
1/10/24  

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 4352 could significantly benefit workers exposed to the hazards leading to occupational pneumoconiosis, a condition often associated with certain occupations. By removing the barriers of time constraints for seeking evaluations, the bill could provide greater access to necessary medical assessments and consequently support better compensation claims for affected employees. This change aims to enhance the protection and welfare of workers subjected to hazardous occupational environments.

Summary

House Bill 4352, introduced by Delegate Holstein, seeks to amend existing West Virginia laws regarding occupational pneumoconiosis claims. The bill primarily clarifies that the time limitations currently set for filing these claims do not restrict a claimant's ability to obtain an evaluation from the Occupational Pneumoconiosis Board. This legislative change is designed to ensure that individuals diagnosed with occupational pneumoconiosis have the right to seek evaluation without being hindered by filing deadlines that apply to other types of compensation claims.

Sentiment

The sentiment surrounding HB 4352 appears to be supportive among those advocating for workers' rights, especially in industries where exposure to occupational pneumoconiosis is prevalent. Supporters believe that the bill's provisions will empower employees to secure evaluations and benefits that they might otherwise miss out on due to restrictive timelines. However, there may also be concerns regarding the administrative implications and resource allocation for the Occupational Pneumoconiosis Board in handling potentially increased evaluation requests.

Contention

While the bill is largely seen as a positive step towards enhancing workers' rights, there may be points of contention regarding its implementation and the balance of the system currently in place. Opponents might raise issues about the potential for increased claims and the burden this could place on the existing evaluation process. Furthermore, ensuring that the timeliness and quality of evaluations are maintained amidst a potential influx of claims will be critical to addressing any administrative challenges that arise.

Companion Bills

No companion bills found.

Similar Bills

WV SB83

Relating generally to occupational pneumoconiosis

WV HB4598

Relating generally to occupational pneumoconiosis

WV SB525

Providing benefits to employees with occupational pneumoconiosis

WV SB597

Providing permanent partial disability awards for 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