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West Virginia Income Maintenance Manual Chapter 8

West Virginia Income Maintenance Manual Page 18 Chapter 8 Resource Development

8.6.4.D Referral Method Potentially eligible individuals should be referred to the UMWA Local Union or to one of the Health Funds field offices listed on the UMWA website. 8.6.5 WORKERS’ COMPENSATION BENEFITS The West Virginia Worker's Compensation Fund oversees two programs: Occupational Pneumoconiosis and Compensation for Injury or Occupational Disease. 8.6.5.A Occupational Pneumoconiosis (State Black Lung Benefits) 8.6.5.A.1 Requirements for Coverage In order to receive Occupational Pneumoconiosis benefits, the individual must meet the following requirements: • The claimant must have a medically determined pulmonary disorder as a result of exposure to dust at this place of employment. • Generally, the individual must have been exposed to dust for a period of two continuous years and filed a claim within three years of his last exposure. However, regulations provide for exceptions to these time periods. • The individual must be either totally or partially disabled as a result of a pulmonary disorder, except that if he has worked in an industry in which he is exposed to dust for 20 years or more, he need not have any degree of disability. It should be noted that these benefits do not apply only to individuals who have worked in the mining industry, but that they also apply to employees in an industry in which he may be exposed to dust (e.g., glass factories, textile mills). Benefits paid to individuals who qualify as a result of working in the mining industry are commonly referred to as "State Black Lung Benefits.”

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Page 933

Official source

West Virginia Income Maintenance Manual Chapter 8

West Virginia Income Maintenance Manual Page 18 Chapter 8 Resource Development

8.6.4.D Referral Method Potentially eligible individuals should be referred to the UMWA Local Union or to one of the Health Funds field offices listed on the UMWA website. 8.6.5 WORKERS’ COMPENSATION BENEFITS The West Virginia Worker's Compensation Fund oversees two programs: Occupational Pneumoconiosis and Compensation for Injury or Occupational Disease. 8.6.5.A Occupational Pneumoconiosis (State Black Lung Benefits) 8.6.5.A.1 Requirements for Coverage In order to receive Occupational Pneumoconiosis benefits, the individual must meet the following requirements: • The claimant must have a medically determined pulmonary disorder as a result of exposure to dust at this place of employment. • Generally, the individual must have been exposed to dust for a period of two continuous years and filed a claim within three years of his last exposure. However, regulations provide for exceptions to these time periods. • The individual must be either totally or partially disabled as a result of a pulmonary disorder, except that if he has worked in an industry in which he is exposed to dust for 20 years or more, he need not have any degree of disability. It should be noted that these benefits do not apply only to individuals who have worked in the mining industry, but that they also apply to employees in an industry in which he may be exposed to dust (e.g., glass factories, textile mills). Benefits paid to individuals who qualify as a result of working in the mining industry are commonly referred to as "State Black Lung Benefits.”