The Occupational Pneumoconiosis Board shall consist of five licensed physicians who shall be appointed by the executive director. Effective upon termination of the commission, the physicians shall be appointed by the Insurance Commissioner: Provided, That those physicians serving as of the termination of the commission shall continue to serve until replaced. No person shall be appointed as a member of the board, or as a consultant thereto, who has not by special study or experience, or both, acquired special knowledge of pulmonary diseases. All members of the Occupational Pneumoconiosis Board shall be physicians of good professional standing admitted to practice medicine and surgery in this state. Two members shall be roentgenologists. One member of the board shall be designated annually as chairman by the executive director. The term of office of each member of the board shall be six years. The five members of the existing board in office on the effective date of this section shall continue to serve until their terms expire and until their successors have been appointed and have qualified. Any member of the board may be appointed to any number of terms. The function of the board is to determine all medical questions relating to cases of compensation for occupational pneumoconiosis under the direction and supervision of the executive director and, effective upon termination of the commission, the Insurance Commissioner. Any three members of the board constitute a quorum for the transaction of its business if at least one of the members present is a roentgenologist. The executive director and, effective upon termination of the commission, the Insurance Commissioner, shall, from time to time, fix the compensation to be paid each member of the board. Members are also entitled to reasonable and necessary traveling and other expenses incurred while actually engaged in the performance of their duties. In fixing the compensation of board members, the executive director or the Insurance Commissioner shall take into consideration the number of claimants a member of the board actually examines, the actual time spent by members in discharging their duties and the recommendation of the board of managers and Governor as to reasonable reimbursement per unit of time expended based on comparative data for physicians within the state in the same medical specialties.
Structure West Virginia Code
Chapter 23. Workers' Compensation
Article 4. Disability and Death Benefits
§23-4-1a. Report of Injuries by Employee
§23-4-1b. Report of Injuries by Employers
§23-4-1d. Method and Time of Payments for Permanent Disability
§23-4-1g. Weighing of Evidence
§23-4-3b. Creation of Health Care Advisory Panel
§23-4-3c. Suspension or Termination of Providers of Health Care
§23-4-4. Funeral Expenses; Wrongfully Seeking Payment; Criminal Penalties
§23-4-5. Benefits for First Three Days After Injury
§23-4-6. Classification of and Criteria for Disability Benefits
§23-4-6b. Occupational Hearing Loss Claims
§23-4-6c. Benefits Payable to Certain Sheltered Workshop Employees; Limitations
§23-4-6d. Benefits Payable to Part-Time Employees
§23-4-7b. Trial Return to Work; Insurance Commissioner to Develop Rules
§23-4-8. Physical Examination of Claimant
§23-4-8b. Occupational Pneumoconiosis Board; Procedure; Autopsy
§23-4-9. Physical and Vocational Rehabilitation
§23-4-9b. Preexisting Impairments Not Considered in Fixing Amount of Compensation
§23-4-10. Classification of Death Benefits; "dependent" Defined
§23-4-11. To Whom Death Benefits Paid
§23-4-12. Application of Benefits
§23-4-13. Effect of Abandonment of Spouse
§23-4-14. Computation of Benefits
§23-4-15. Application for Benefits
§23-4-15a. Nonresident Alien Beneficiaries
§23-4-15b. Determination of Nonmedical Questions; Claims for Occupational Pneumoconiosis; Hearing
§23-4-16a. Interest on Benefits
§23-4-17. Commutation of Periodical Benefits
§23-4-18. Mode of Paying Benefits Generally; Exemptions of Compensation From Legal Process
§23-4-20. Postmortem Examinations
§23-4-22. Permanent Disability Evaluations; Limitations; Notice