W. Va. Code R. § 85-20-67

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 85-20-67 - Exceptions to the Guides

The following portions of the applicable Guides or their successor provisions shall not be used in the determination of the degree of permanent impairment that has been suffered by an injured worker for workers' compensation benefits.

67.1. In claims for occupational pneumoconiosis benefits, the provisions of Chapter 5, "The Respiratory System," are exempted from this rule. The provisions of the statute related to occupational pneumoconiosis, rules adopted in accordance with the statute, and policies and procedures adopted by the occupational pneumoconiosis board adequately and separately control the determination of the degree of permanent impairment suffered by such an injured worker. The occupational pneumoconiosis board may, in any given case and in its discretion, utilize the Guides to the extent the board deems appropriate.

67.2. In claims for noise induced hearing loss, the provisions of section 9.1, Chapter 9, "Ear, Nose, Throat, and Related Structures," are exempted from this rule. The applicable exempt legislative rule has been promulgated for such claims.

67.3. In claims for mental and emotional loss, the provisions of chapter 14, "Mental and Behavioral Disorders," are exempted from this rule. This rule shall be utilized.

67.4. In those claims affected by the provisions of W. Va. Code § 23-4-6(f), the degree of disability stated there shall be applied.

67.5. In those claims affected by the provisions of W. Va. Code § 23-4-6(m), the conclusive presumption of total disability stated there shall be applied.

W. Va. Code R. § 85-20-67