Current through Register Vol. XLI, No. 24, June 14, 2024
Section 162-9-3 - Disability Applications and Petitions; Eligibility3.1. A member of the West Virginia State Police, or a person acting with legal authority on behalf of the member, who remains in active employment, may file a disability retirement application with the Board whenever the member has reason to believe that he or she is no longer physically or mentally capable of performing the essential duties of a law enforcement officer. Application shall be made on forms approved by the Board, and the member shall cause a copy of the application to be served upon the Agency at the time of its filing with the Board.3.2. If the Agency has reason to believe that a member is no longer physically or mentally capable of performing the essential duties of a law enforcement officer, and if the member has failed or refused to file an application for disability retirement, the Agency may file a petition with the Board seeking the disability retirement of the member. The Agency's petition shall be made on forms approved by the Board, and a copy of the petition shall be served by the Agency upon the member at the time of the filing of the petition with the Board. The cost of the treating physician's examination, when requested by the West Virginia State Police, shall be at the expense of the West Virginia State Police. The member shall cooperate fully with the Board in the scheduling of the examinations, and shall appear at the time and place for scheduled examinations as requested by the Board. The Board shall provide advance notice to the member that if he or she fails to appear at the time and place for scheduled examinations requested by the Board, he or she may be held responsible for some or all fees charged by the physician's office for that scheduled exam.3.3. Once a member has commenced to receive a retirement benefit from the retirement systems, the retired member is no longer eligible to apply for disability retirement benefits.3.4. Notwithstanding any provision of this rule to the contrary, a member who has applied for and commenced to receive a partial duty related disability award is permitted to apply to the Board for a total disability award, if the member believes that his or her condition has deteriorated to the point that he or she no longer retains the mental or physical ability to engage in any gainful employment.3.5. In the event that an individual or the Agency on behalf of the individual has applied for and has been denied disability retirement by the Board, neither the individual nor the Agency on behalf of the individual may file another application for disability retirement with the Board until the passage of one (1) year from the date of the Board's last denial. Notwithstanding the minimum one (1) year reapplication period, the Board may, in its sole discretion, agree to waive the minimum one (1) year reapplication period for an individual or the Agency on behalf of the individual if waiver of the reapplication period is requested by the individual or the Agency on a form approved by the Board. The individual or the Agency shall demonstrate to the satisfaction of the Board, through medical records, reports or other reliable evidence, that the individual has suffered a new or substantial worsening of his or her medical condition since the Board's most recent denial of his or her application for disability retirement.