Commissioner Seeks Clarity on Black Lung vs. OD Claims

The West Virginia Office of Insurance Commissioner is asking insurers and self-insurers to thoroughly investigate black lung claims to eliminate ambiguity. Insurers and self-insured employers have the sole authority to make initial compensability determinations in claims, but claims for occupational pneumoconiosis, or black lung disease, and other occupational diseases require a more involved process, Insurance Commissioner James Dodrill said in a bulletin. West Virginia law distinguishes between occupational diseases and pneumoconiosis, and parties should clarify how the claimant intends th...