§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 […]
§23-5-6. 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 […]
§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 […]
§23-4C-5. Administration
[Repealed.]
§23-4C-6. Novation to the Successor of the Commission
[Repealed.]
§23-5-1. Notice by Commission or Self-Insured Employer of Decision; Procedures on Claims; Objections and Hearing; Effective Until June 30, 2022
(a) The Insurance Commissioner, private carriers, and self-insured employers may determine all questions within their jurisdiction. In matters arising under 23-2C-8(c) of this code, and under 23-3-1 et seq. and 23-4-1 et seq. of this code, the Insurance Commissioner, private carriers, and self-insured employers shall promptly review and investigate all claims. The parties to a […]