§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 […]
§23-5-16. 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 […]
§23-5-9. Hearings on Objections to Insurance Commissioner; Private Carrier or Self-Insured Employer Decisions; Mediation; Remand; Effective Until June 30, 2022
(a) Objections to a decision of the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, made pursuant to the provisions of 23-5-1 et seq. of this code shall be filed with the Office of Judges. Upon receipt of an objection, the Office of Judges shall notify the Insurance Commissioner, private carrier, or self-insured […]
§23-5-9a. Hearings on Objections to Insurance Commissioner; Private Carrier, or Self-Insured Employer Decisions; Mediation; Remand; Effective July 1, 2022
(a) Objections to a decision of the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, made pursuant to the provisions of 23-5-1a of this code, shall be filed with the Workers Compensation Board of Review. Upon receipt of an objection, the Workers Compensation Board of Review shall notify the Insurance Commissioner, private carrier, […]
§23-5-10. Appeal From Administrative Law Judge Decision to Appeal Board; Effective Until June 30, 2022
(a) The employer, claimant, Workers Compensation Commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, may appeal to the appeal board created in 23-11-1 et seq. of this code for a review of a decision by an administrative law judge. No appeal or review shall lie unless application […]