West Virginia 2024 Regular Session

West Virginia Senate Bill SB286

Introduced
1/11/24  

Caption

Relating to time limitation for filing occupational pneumoconiosis claims

Impact

The introduction of SB286 is expected to have significant implications on the state laws governing workers' compensation, particularly those addressing occupational diseases. By allowing individuals additional opportunity to seek evaluations without being constrained by filing deadlines, the bill seeks to enhance the protections offered to workers who may have been exposed to harmful occupational conditions. Additionally, this change can lead to better access to treatment and potential compensation, improving overall worker safety and wellbeing.

Summary

Senate Bill 286 seeks to amend West Virginia code regarding the time limitations on filing claims related to occupational pneumoconiosis. The bill clarifies that the established time constraints for filing these claims will not impede a claimant's ability to obtain an evaluation from the Occupational Pneumoconiosis Board. This is an important distinction as it aims to ensure that individuals who may be suffering from occupational diseases can still secure the necessary assessments even if the formal claim filing deadlines have passed.

Sentiment

The sentiment surrounding SB286 appears to be cautiously optimistic. Supporters of the bill, likely representing the interests of labor and health advocates, view it as a positive step towards supporting workers' rights and addressing occupational health issues. The clarity that the bill provides is seen as beneficial for individuals who might otherwise miss out on essential evaluations and assessments due to overly stringent filing deadlines.

Contention

While the bill is generally supported, there are potential points of contention regarding how it will impact insurance carriers and overall costs related to workers' compensation claims. Some stakeholders may argue that allowing more leniency in evaluations could lead to an increase in claims and associated expenses, affecting insurance processes and premiums. Thus, there may be debate over the long-term effects of this bill on the state's workers' compensation system and its sustainability.

Companion Bills

No companion bills found.

Previously Filed As

WV SB107

Relating to time limitation for filing occupational pneumoconiosis claims

WV HB2798

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 HB2032

Relating to the Occupational Pneumoconiosis Board

WV SB525

Providing benefits to employees with occupational pneumoconiosis

WV HB2026

Authorizing municipalities with police or firefighter employees in PERS to elect to become participating employer in Municipal Police Officer and Firefighter Retirement System for a limited time

WV SB79

Relating to compensable diseases of certain firefighters covered by workers' compensation

WV HB2128

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

WV HB3270

To amend the deliberate intent statute to limit noneconomic damages to $500,000

WV SB685

Amending deliberate intent exception to immunities provided under workers compensation

WV SB648

Amending deliberate intent exception to immunities provided under workers' compensation

Similar Bills

WV HB4598

Relating generally to occupational pneumoconiosis

WV SB83

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