Current through Register Vol. XLI, No. 45, November 8, 2024
Section 23-16-6 - Exceptions to the Guides The following portions of the Guides or their successor provisions shall not be used in the determination of the degree of permanent impairment that has been suffered by a claimant for workers' compensation benefits.
6.1. 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 a claimant. The occupational pneumoconiosis board may, in any given case and in its discretion, utilize the Guides to the extent the board deems appropriate.6.2. 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 legislative rule styled "Protocols and Procedures for Performing Medical Evaluations in Noise-Induced Hearing Loss Claims," 85 CSR 13 (1993), were previously promulgated for such claims.6.3. In claims for mental and emotional loss, the provisions of chapter 14, "Mental and Behavioral Disorders," are exempted from this rule. The legislative rule styled "Guidelines for Psychiatric Permanent Impairment Evaluations, Evidence, and Ratings of Psychiatric Impairment Due to Workers' Compensation Injuries," 85 CSR 22 (1995), shall be utilized in lieu of chapter 14. It is expressly noted that chapter 4, "The Nervous System, " is not excluded and shall be used when applicable.6.4. In those claims affected by the provisions of West Virginia Code, §23 -4 -6(f), the degree of disability stated there shall be applied.6.5. In those claims affected by the provisions of West Virginia Code, § 23-4-6(m), the conclusive presumption of total disability stated there shall be applied.