§23-5-16. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees; Effective Until June 30, 2022
(a) An attorneys fee in excess of 20 percent of any award granted may not be charged or received by an attorney for a claimant or dependent. In no case may the fee received by the attorney of the claimant or dependent be in excess of 20 percent of the benefits to be paid during […]
§23-5-16a. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees
(a) An attorneys fee in excess of 20 percent of any award granted may not be charged or received by an attorney for a claimant or dependent. In no case may the fee received by the attorney of the claimant or dependent be in excess of 20 percent of the benefits, to be paid during […]
§23-5-11. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective Until June 30, 2022
(a) On January 31, 2004, the Workers Compensation Appeal Board heretofore established in this section is hereby abolished. (b) There is created the “Workers Compensation Board of Review”, which may also be referred to as “the Board of Review” or “the board”. Effective February 1, 2004, the Board of Review shall exercise exclusive jurisdiction over […]
§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 […]
§23-5-6. Time Periods for Objections and Appeals; Extensions; Effective Until June 30, 2022
(a) Notwithstanding the fact that the time periods set forth for objections, protests and appeals to or from the workers compensation Office of Judges are jurisdictional, the periods may be extended or excused upon application of either party within a period of time equal to the applicable period by requesting an extension of the time […]
§23-5-6a. Time Periods for Objections and Appeals; Extensions; Effective July 1, 2022
(a) Notwithstanding the fact that the time periods set forth for objections, protests, and appeals to or from the Workers Compensation Board of Review are jurisdictional, the periods may be extended or excused upon application of either party within a period of time equal to the applicable period by requesting an extension of the time […]
§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 […]