§55-7G-1. Short Title
This article shall be known and may be cited as the Asbestos and Silica Claims Priorities Act.
§55-7G-10. Application
This article shall apply to all asbestos actions and silica actions filed on or after the effective date of this article.
§55-7G-2. Findings and Purpose
(a) The West Virginia Legislature finds that: (1) Asbestos is a mineral that was widely used prior to the 1980s for insulation, fireproofing and other purposes;
§55-7G-3. Definitions
For the purpose of this article: (1) "AMA Guides to the Evaluation of Permanent Impairment" means the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this article.
§55-7G-4. Filing Claims; Establishment of a Prima Facie Case; Additional Required Information for Claims; Individual Actions to Be Filed
(a) A plaintiff in an asbestos or silica action alleging a nonmalignant condition shall file within ninety days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements […]
§55-7G-5. Elements of Proof for Asbestos Actions Alleging a Nonmalignant Asbestos-Related Condition
(a) No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include […]
§55-7G-6. Elements of Proof for Silica Actions Alleging Silicosis
No silica action related to alleged silicosis may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment as a result of silicosis. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed […]
§55-7G-7. Evidence of Physical Impairment
Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this article or article seven-e of this chapter, shall: (1) Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all standards […]
§55-7G-8. Procedures
(a) Evidence relating to the prima facie showings required under this article shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment and shall not be conclusive as to the liability of any defendant. (b) No evidence shall be offered at trial, and the jury shall not be […]
§55-7G-9. Statute of Limitations; Two-Disease Rule
(a) With respect to an asbestos or silica action not barred by limitations as of this article's effective date, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date: (1) The exposed person received a medical diagnosis of an asbestos-related impairment or […]