§14-2A-14a. Establishing a Limitation on Benefits
All claims shall be considered closed and no longer eligible for benefits at the expiration of available benefits or 10 years after filing the claim, whichever occurs first: Provided, That this provision shall not apply to claimants or victims receiving benefits under 14-2A-14(g)(2) of this code.
§14-2A-15. Hearings
(a) If either the claim investigator or the claimant disagrees with the approval of an award or the denial of a claim in the summary manner set forth in the preceding sections of this article, the claim investigator or the claimant, or both, shall file with the clerk a request for hearing. Such request shall […]
§14-2A-16. Evidence
(a) There is no privilege, except the privilege arising from the attorney-client relationship, as to communications or records that are relevant to the physical, mental or emotional condition of the claimant or victim in a proceeding under this article in which that condition is an element. (b) If the mental, physical or emotional condition of […]
§14-2A-17. Contempt Sanction Not Available
If a person refuses to comply with an order under this article, or asserts a privilege, except privileges arising from the attorney-client relationship, so as to withhold or suppress evidence relevant to a claim for an award of compensation, the commission or a commissioner thereof may make any just order, including denial of the claim, […]
§14-2A-18. Effect of No Criminal Charges Being Filed or Conviction of Offender
The commission or a commissioner thereof, may approve an award of compensation whether or not any person is convicted for committing the conduct that is the basis of the award. The filing of a criminal charge shall be a prerequisite for receipt of compensation unless it is determined that no charges were filed due to […]
§14-2A-19. Attorney and Witness Fees
(a) By separate order, the commission or a commissioner thereof, shall determine and award reasonable attorney’s fees, commensurate with services rendered and reimbursement for reasonable and necessary expenses actually incurred shall be paid from the Crime Victims Compensation Fund to the attorney representing a claimant in a proceeding under this article at the same rates […]
§14-2A-19a. Effect on Physician, Hospital and Healthcare Providers Filing an Assignment of Benefits; Tolling of the Statute of Limitations
(a) As part of the order, the commission or a commissioner thereof, shall determine whether fees are due and owing for health care services rendered by a physician, hospital or other health care provider stemming from an injury received as defined under this article, and further, whether or not the physician, hospital or other health […]
§14-2A-19b. Rates and Limitations for Health Care Services
The commission may establish by rule or order maximum rates and service limitations for reimbursement of health care services rendered by a physician, hospital, or other health care provider. An informational copy of the maximum rates and service limitations shall be filed with the Joint Committee on Government and Finance upon adoption by the commission. […]
§14-2A-20. Budget Preparation; Procedure for Payment of Claims
(a) The Legislative Auditor shall submit to the Department of Administration, on or before November 20, of each year, an anticipated budget for the Crime Victims Compensation Program provided in this article for the next fiscal year, which shall include: (1) An estimate of the balance and receipts anticipated in the Crime Victims Compensation Fund;
§14-2A-12. Investigation and Recommendations by Claim Investigator
(a) The clerk of the West Virginia Legislative Claims Commission shall transmit a copy of the application to the claim investigator within seven days after the filing of the application. (b) The claim investigator, upon receipt of an application for an award of compensation from the clerk of the West Virginia Legislative Claims Commission, shall […]