2005 West Virginia Code - §15-2A-11. — Same -- Physical examinations; termination.

§15-2A-11. Same -- Physical examinations; termination.
The Board may require any member retired with compensation on account of disability to submit to a physical or mental examination or both a physical and mental examination by a physician or physicians selected or approved by the Board and cause all costs incident to the examination including hospital, laboratory, X-ray, medical and physicians' fees to be paid out of funds appropriated to defray the current expenses of the Department, and a report of the findings of the physician or physicians shall be submitted in writing to the Board for its consideration. If from the report or from the report and hearing on the report, the Board is of opinion and finds that the disabled member has recovered from the disability to the extent that he or she is able to perform adequately the duties of a law-enforcement officer, the Board shall order that all payments from the Fund be terminated. If from the report or the report and hearing on the report, the Board is of the opinion and find that the disabled member has recovered from his or her previously determined probable permanent disability to the extent that he or she is able to engage in any gainful employment but unable to adequately perform the duties of a law-enforcement officer, the Board shall order, in the case of a member retired under the provisions of section nine of this article, that the disabled member be paid annually from the Fund an amount equal to six tenths of the base salary paid to the member in the last twelve-month employment period. The Board shall order, in the case of a member retired under the provisions of section ten of this article, that the disabled member be paid from the Fund an amount equal to one fourth of the base salary paid to the member in the last twelve-month employment period: Provided, That if the member had not been employed with the Department for twelve months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit.