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 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 HB4589

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 SB16

Clarifying requirements for filing occupational pneumoconiosis claims

WV HB3109

Relating to the Occupational Pneumoconiosis Board

WV SB895

Removing time limits for filing or modifying claims for massive fibrosis

WV HB4901

Modifying the Occupational Pneumoconiois award categories for Worker’s Compensation

WV HB2682

Modifying the Occupational Pneumoconiois award categories for Worker’s Compensation

WV HB165

AN ACT relating to occupational disease claims.

WV SF1966

Timelines modification for filing medical claims after recoupment

WV HB2035

Relating To Time Limitations For Crimes.

Similar Bills

WV HB2197

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

WV HB3109

Relating to 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 SB16

Clarifying requirements for filing occupational pneumoconiosis claims

WV HB4589

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

KY HB166

AN ACT relating to workers' compensation.

WV SB895

Removing time limits for filing or modifying claims for massive fibrosis

WV HB5515

Relating to modernizing and updating workers’ compensation statutes.