West Virginia Code
Article 4B. Coal-Workers' Pneumoconiosis Fund
§23-4B-4. Who May Subscribe

Only those employers who are subject to the provisions of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, may elect to subscribe to the Coal-Workers Pneumoconiosis Fund to insure the liability imposed upon such employers under the provisions of Title IV of the Act. Coverage by the Coal-Workers Pneumoconiosis Fund will be provided only for claims incurred under the Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed. Pursuant to 23-4B-9 of this code, the Coal-Workers Pneumoconiosis Fund was closed to new subscribers after December 31, 2005, upon the termination of the former Workers Compensation Commission. Only those persons entitled to benefits under 23-4B-3 of this code and who were employed by employers who elected to subscribe to the Coal-Workers Pneumoconiosis Fund prior to its closure may apply for benefits.

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