Chapter 23, Chapter 23

(a) The Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, may, after due notice to the claimant, whenever in its opinion it is necessary, order a claimant of compensation for a personal injury other than occupational pneumoconiosis to appe…

The Occupational Pneumoconiosis Board shall consist of five licensed physicians who shall be appointed by the Insurance Commissioner. No person shall be appointed as a member of the board, or as a consultant thereto, who has not by special study or experience, or both, acquired s…

The Occupational Pneumoconiosis Board, upon reference to it by an appropriate party of a case of occupational pneumoconiosis, shall notify the employee, or in case he or she is dead, the claimant, and the employer, as well as the Insurance Commissioner, private carrier, or self-i…

(a) The Occupational Pneumoconiosis Board, as soon as practicable after it has completed its investigation, shall make its written report to the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, of its findings and conclusions on every me…

Notwithstanding the provisions of subdivision (4), subsection (a), section sixteen of this article, with the exception of claims settled pursuant to article five, section seven of this chapter, a request for medical services, durable medical goods or other medical supplies in an …

Upon the termination of the former Workers’ Compensation Commission, the Coal-Workers’ Pneumoconiosis Fund shall close to new subscribers. All claims payment obligations, including indemnity benefits, medical benefits, administrative, and all other expenses necessary for the admi…

(a) The Legislature hereby finds that it is a goal of the workers’ compensation program to assist employees to return to suitable gainful employment after an injury. In order to encourage workers to return to employment and to encourage and assist employers in providing suitable …

Where an employee has a definitely ascertainable impairment resulting from an occupational or a nonoccupational injury, disease or any other cause, whether or not disabling, and the employee thereafter receives an injury in the course of and resulting from his or her employment, …

No employer shall discriminate in any manner against any of his present or former employees because of such present or former employee's receipt of or attempt to receive benefits under this chapter.

(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 Wo…

(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 employe…

(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…

(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 i…

In any matter wherein a member of the Workers’ Compensation Board of Review is a party, or is personally interested in the results thereof, or is a beneficiary therein, or is connected with a beneficiary therein, he or she shall be disqualified from participating in the hearing a…

(a) An attorney’s 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…

(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), and under §23-3-1 et seq. and §23-4-1 et seq. of this code, the Insurance Commissioner, private carriers, and …

In any case where an injured employee makes application in writing for a further adjustment of his or her claim under the provisions of §23-4-16 of this code and the application discloses cause for a further adjustment, the Insurance Commissioner, private carrier, or self-insured…

Any employer who has provided any type of medical insurance for an employee or his dependents by paying premiums, in whole or in part, on an individual or group policy shall not cancel, decrease his participation on behalf of the employee or his dependents, or cause coverage prov…

(a) It shall be a discriminatory practice within the meaning of section one of this article to terminate an injured employee while the injured employee is off work due to a compensable injury within the meaning of §23-4-1 et seq. of this code and is receiving or is eligible to re…

(a) If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under §23-5-2a of this code fails to disclose a progression or aggravation in the claimant’s condition, or some other fact o…

(a) All employees of the State of West Virginia shall continue to accrue increment pay during absences from work due to a work-related compensable injury. (b) The director of the Division of Personnel shall propose rules for legislative approval to implement the provisions of thi…

In any case in which an employer makes application in writing for a modification of any award previously made to an employee of the employer, the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, shall make a decision upon the application…

(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 considere…

(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…

(a) The claimant, the employer, and the Workers’ Compensation Commission, the successor to the commission, other private insurance carriers, and self-insured employers, Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, may negotiate a fin…

(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 m…

(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’ Compensa…

(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, t…

If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the chapter, and to this end the provisions of this chapter a…

It is the intent of the Legislature in enacting the amendments to this chapter during the regular session of the Legislature in the year one thousand nine hundred ninety-nine relating to employee benefits that the compensation programs performance council consider employer rate r…

The amendments to this chapter effected by the enactment of Enrolled Committee Substitute for Senate Bill No. 579 during the 1999 regular session of the Legislature, become operative on July 1, 1999.