§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 […]
§23-5-8b. Transfer of Jurisdiction to Review Objections to Workers Compensation Board of Review; Termination of Office of Judges; Appeals of Board Decisions to Intermediate Court of Appeals; Effective July 1, 2022
(a) The Office of Judges has no jurisdiction to review objections to a decision of the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, made pursuant to the provisions of this chapter and issued after June 30, 2022. The Workers Compensation Board of Review has exclusive jurisdiction to review objections to a decision […]
§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 […]
§23-5-10a. Appeal From a Workers Compensation Board of Review Decision to the Intermediate Court of Appeals; Effective July 1, 2022
(a) The employer, claimant, Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable, may appeal to the West Virginia Intermediate Court of Appeals, created by 51-11-1 et seq. of this code, for a review of a decision by the Workers Compensation Board of Review. No appeal or review shall lie unless application […]
§23-5-5a. Refusal of Modification; Notice; Objection; Effective July 1, 2022
(a) If in any case it appears to the Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable, that the application filed pursuant to 23-5-4 of this code fails to disclose some fact or facts which were not previously considered in former findings, and which would entitle the employer to any modification […]
§23-4C-5. Administration
[Repealed.]
§23-4C-6. Novation to the Successor of the Commission
[Repealed.]