§14-2A-23. Subrogation Rights of Collateral Source
Subrogation rights which a collateral source may have shall not extend to a recovery from a claimant of all or any part of an award made under this article. A collateral source may not apply, in the name of a claimant or otherwise, for an award of compensation based upon injury to a claimant to […]
§14-2A-24. Award Not Subject to Execution or Attachment; Exceptions
An award is not subject to execution, attachment, garnishment or other process, except that, upon receipt of an award by a claimant, the part of the award that is for allowable expense is not exempt from such action by a creditor to the extent that he provides products, services or accommodations the costs of which […]
§14-2A-25. Publicity
(a) The clerk of the West Virginia Legislative Claims Commission shall prepare an information brochure for the benefit of the general public, outlining the rights of claimants and procedures to be followed under this article. Copies of such brochure shall be distributed to law-enforcement agencies in the state, and be made available to other interested […]
§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-14. Grounds for Denial of Claim or Reduction of Awards; Maximum Award
(a) Except as provided in 14-2A-10(b) of this code, the commissioner may not approve an award of compensation to a claimant who did not file his or her application for an award of compensation within two years after the date of the occurrence of the criminally injurious conduct that caused the injury or death for […]
§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.