§23-5-11a. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective July 1, 2022
(a) The “Workers Compensation Board of Review”, which may also be referred to as “the Board of Review” or “the board” is hereby continued and granted exclusive jurisdiction over all objections to decisions of the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, including any and all matters pending before the Office of […]
§23-5-12. Appeal to Board; Procedure; Remand and Supplemental Hearing; Effective Until June 30, 2022
(a) Any employer, employee, claimant, or dependent who shall feel aggrieved at any final action of the administrative law judge taken after a hearing held in accordance with the provisions of 23-5-9 of this code shall have the right to appeal to the board created in 23-11-1 of this code for a review of such […]
§23-5-12a. Appeal of Board Decisions to the Intermediate Court of Appeals; Procedure; Remand and Supplemental Hearing; Effective July 1, 2022
(a) Any employer, employee, claimant, or dependent who shall feel aggrieved by a decision of the Workers Compensation Board of Review shall have the right to appeal to the West Virginia Intermediate Court of Appeals, created by 51-11-1 et seq. of this code, for a review of such action. The Insurance Commissioner, other private insurance […]
§23-5-13. Continuances and Supplemental Hearings; Claims Not to Be Denied on Technicalities; Effective Until June 30, 2022
(a) It is the policy of this chapter that the rights of claimants for workers compensation be determined as speedily and expeditiously as possible to the end that those incapacitated by injuries and the dependents of deceased workers may receive benefits as quickly as possible in view of the severe economic hardships which immediately befall […]
§23-5-13a. Continuances and Supplemental Hearings; Claims Not to Be Denied on Technicalities; Effective July 1, 2022
(a) It is the policy of this chapter that the rights of claimants for workers compensation be determined as speedily and expeditiously as possible to the end that those incapacitated by injuries and the dependents of deceased workers may receive benefits as quickly as possible in view of the severe economic hardships which immediately befall […]
§23-5-14. Disqualification of Board Members
In any appeal wherein a board member is a party, or is interested in the results thereof otherwise than as a general subscriber to the compensation fund, or he or she is connected with a contributor therein, or is a beneficiary therein, or is connected with a beneficiary therein, he or she shall be disqualified […]
§23-5-15. Appeals From Final Decisions of Board to Supreme Court of Appeals of West Virginia Prior to July 1, 2022; Procedure; Costs
(a) As provided in 23-5-8b of this code, the provisions of this section do not apply to any decision issued by the Workers Compensation Board of Review after June 30, 2022. (b) Review of any final decision of the board, including any order of remand, may be prosecuted by either party or by the Insurance […]
§23-5-7. Compromise and Settlement
(a) The claimant, the employer, and the Workers” Compensation Commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, may negotiate a final settlement of any and all issues in a claim wherever the claim is in the administrative or appellate processes: Provided, That in the settlement of medical […]
§23-5-8. Designation of Office of Administrative Law Judges; Powers of Chief Administrative Law Judge; Effective Until June 30, 2022
(a) The Workers Compensation Office of Administrative Law Judges previously created pursuant to Chapter 12, Acts of the Legislature, second extraordinary session, 1990, is hereby continued and designated to be an integral part of the workers compensation system of this state. The Office of Judges shall be under the supervision of a chief administrative law […]
§23-5-8a. Transfer of Powers and Duties of the Office of Administrative Law Judges to the Workers Compensation Board of Review; Powers of the Workers Compensation Board of Review in Relation to Review of Objections; Effective July 1, 2022
(a) The Workers Compensation Office of Administrative Law Judges, referred to as the Office of Judges, shall terminate on or before October 1, 2022, as provided in 23-5-8b of this code. All powers and duties of the Office of Judges to review objections, protests, or any other matter authorized by this chapter, shall be transferred […]