reglab/housing_qa huggingface dataset:
WV Code § 23-1-1h (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-1h. Powers and Duties of Office of Judges Transferred to Board of Review; Definition of Certain Terms Effective July 1, 2022

(a) Notwithstanding any other provision of this code, with regard to an objection, protest, or any other decision issued after June 30, 2022, all powers and duties of the Workers Compensation Office of Judges, as provided in this chapter, shall be transferred to the Workers Compensation Board of Review.(b) Notwithstanding any other provision of this code, the West Virginia Intermediate Court of Appeals has exclusive appellate jurisdiction over the following matters:(1) Decisions or orders issued by the Office of Judges after June 30, 2022, and prior to its termination; and(2) Decisions of the Workers Compensation Board of Review, issued after June 30, 2022, as provided in 23-5-8a and 51-11-1 et seq. of this code.(c) Unless the context clearly indicates a different meaning, effective July 1, 2022, the following terms shall have the following meanings for the purposes of this chapter, except when used in 23-5-1 et seq. of this code:(1) "Administrative law judge" means a member of the Workers Compensation Board of Review, or a hearing examiner designated by the Board of Review as authorized in 23-5-1 et seq. of this code;(2) "Office of judges" means the "Workers Compensation Board of Review"; and(3) "Workers Compensation Board of Review" or "Board of Review" when used in reference to an appeal of a Board of Review decision, means the West Virginia Intermediate Court of Appeals, created by 51-11-1 et seq. of this code.
WV Code § 23-1-2 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-2. Oversight of the Workers' Compensation Commission

(a) In addition to any other oversight of the commission exercised by the Legislature, the commission shall report at least quarterly to the Joint Committee on Government and Finance and the joint commission on economic development. The commission shall collect data and report on claims and injuries and on the costs and outcomes of injuries by standard codes for medical treatment, vocation rehabilitation services, return-to-work services, other benefits payable to or on behalf of employees, efforts to eliminate fraud and abuse and the impact of judicial and quasijudicial rulings on the administration of the workers' compensation system and the solvency of the fund. The workers' compensation commission shall provide to the Joint Committee on Government and Finance and the joint commission on economic development an action plan for improving the workers' compensation system. This plan shall include detail on any administrative changes undertaken by the commission, a report on the anticipated outcome of the changes, a cost-benefit analysis of the changes and time frames for commencement and completion of these changes. Subsequent reports to the Joint Committee on Government and Finance and the joint commission on economic development shall report on the progress of these changes. The administrative changes shall include, but are not limited to, claims processing, reorganization, staff development and training, return-to-work programs, workplace alternatives for injured workers, safety programs and medical and vocational services.(b) The commission shall also report on the current status of the workers' compensation fund and the coal-workers' pneumoconiosis fund. This analysis shall include the current balances in the fund and revenue generated and expended in relationship to the liabilities and assets of the funds and estimates of any debt reduction relative to the fund over the next reporting period.(c) The commission shall further report on the impact on the workers' compensation system of the amendments to subdivision (2), subsection (n), section six, article four of this chapter enacted during the year 2003, including, but not limited to, an analysis of any litigation resulting from the amendments and the availability of health care to injured workers resulting from the amendments.(d) The commission shall further report on methodologies used to establish all types of assessments and rates.(e) The commission shall further report on legislative action that may be required to further improve the operation of the commission.(f) The commission shall further report on efforts to eliminate fraud and abuse including a statistical breakdown of investigations being conducted and their outcomes. The commission shall report to the Joint Committee on Government and Finance on a monthly basis until July 1, 2004, on fraud and abuse and quarterly thereafter.
WV Code § 23-1-3 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-3. Payment of Salaries and Expenses Generally; Manner; Limitation

(a) All expenses peculiar to the administration of this chapter and, when on official business, the travel and incidental expenses of the executive director and salaries or other compensation, traveling and other expenses of all officers or employees of the commission and all expenses for furniture, books, maps, stationery, appliances, property of all kinds and dues for membership in all organizations pertaining to workers' compensation, safety maintenance or professional designation in which the executive director considers it advisable to maintain membership shall be paid out of the workers' compensation fund.(b) All payments of salaries and expenses in the administration of this chapter shall be made by the State Treasurer upon requisition signed by the executive director, directed to the Auditor of the state, who shall draw his or her warrant therefor, and the payment shall be charged to the workers' compensation fund: Provided, That the total charges against the fund under this section for any one fiscal year shall not exceed the amount appropriated for the administration of this chapter.
WV Code § 23-1-4 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-4. Office Hours; Records; Confidentiality; Exceptions

(a) The offices of the workers' compensation commission shall be open for the transaction of business between the hours of eight-thirty o'clock a.m. and five o'clock p.m. of each and every day, excepting Saturdays, Sundays and legal holidays, and be open upon any additional days and at any additional times elected by the commission. The executive director is the chief executive officer of the workers' compensation commission.(b) Except as expressly provided for in this subsection, information obtained regarding employers and claimants pursuant to this chapter for the purposes of its administration is not subject to the provisions of chapter twenty-nine-b of this code unless the provisions are hereafter specifically made applicable, in whole or in part. The information that is reasonably necessary may be released in formal orders or opinions of any tribunal or court which is presented with an issue arising under this chapter as well as in the presentations of the parties before the tribunal or court. Similarly, claimants or other interested parties to an issue arising under this chapter may, upon request, obtain information from the commission's records to the extent necessary for the proper presentation or defense of a claim or other matter. Information may be released pursuant to the provisions of chapter twenty-nine-b of this code only if all identifying information has first been eliminated from the records. Nothing in this subsection shall prevent the release of information to another agency of the state or of the federal government for the legitimate purposes of those agencies: Provided, That the agency shall guarantee the confidentiality of the information provided to the fullest extent possible in keeping with its own statutory and regulatory mandates. Nothing in this section shall prevent the commission from complying with any subpoena duces tecum: Provided, however, That the issuing tribunal or court shall take such actions as proper to maintain the confidentiality of the information.The commission may release, pursuant to a proper request under the provisions of chapter twenty-nine-b of this code, the following information:(1) The base premium tax rate for a specific employer;(2) Whether or not a specific employer has obtained coverage under the provisions of this chapter;(3) Whether or not a specific employer is in good standing or is delinquent or in default according to the commission's records and the time periods thereof; and(4) If a specific employer is delinquent or in default, what the payments due the commission are and what the components of that payment are, including the time periods affected.
WV Code § 23-1-4a (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-4a. Bond for Executive Director and Associate Director

(a) The executive director and associate director of the workers' compensation commission shall give bond in an amount determined by the board of managers conditioned for the faithful management of the fund and performance of their duties. The bond shall be approved by the Attorney General as to form. The surety of the bond may be a bonding or surety company, in which case the premium shall be paid out of the workers' compensation fund.(b) The executive director and associate director shall be provided appropriate insurance, including, but not limited to, errors and omission coverage, without additional premium, by the state Board of Risk and Insurance Management established pursuant to article twelve, chapter twenty-nine of this code.
WV Code § 23-1-5 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-5. Office of Executive Director; Hearings

The executive director shall keep and maintain his or her office at the seat of government and shall provide a suitable room or rooms, necessary office furniture, supplies, books, periodicals, maps and other equipment. After due notice, showing the time and place, the executive director may hold hearings anywhere within the state, or elsewhere by agreement of claimant and employer, with the approval of the executive director.
WV Code § 23-1-6 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-6. Employment of Associate Director and Other Assistants; Compensation and Travel Expenses

(a) The executive director may employ an associate director, actuary, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants, and fix their compensation, which shall be paid as provided in section three of this article. The associate director shall be hired with the approval of the board of managers and serves at the will and pleasure of the executive director.(b) The associate director, supervisory officers, actuaries, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants who may be employed are entitled to receive from the workers' compensation fund their necessary expense while traveling on business of the commission. Travel reimbursement shall be paid in accordance with the travel guidelines established by the Department of Administration. All expenses shall be itemized and sworn to by the person who incurred the expense, and are subject to the approval of the executive director: Provided, That the expenses of the executive director shall be subject to the approval of the board of managers.
WV Code § 23-1-7 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-7. Associate Director to Act During Executive Director's Absence or Inability to Act and in Case of Vacancy; Bond of Associate Director

Whenever it appears that the executive director will be absent or unable to act for one week or more, the associate director of the commission may be designated by the executive director to act during his or her absence or inability to act, and during that period he or she shall have all the duties and powers of the executive director. In the event a vacancy occurs in the office of executive director, the associate director shall have all the duties and powers of the executive director until an executive director or a temporary executive director is hired by the board of managers. The board of managers may determine the amount of additional compensation the associate director may receive as acting executive director.
WV Code § 23-1-8 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-8. Authority of Executive Director and Employees as to Oaths and Evidence

The executive director, associate director and other employees appointed by the executive director may, for the purpose contemplated by this chapter, administer oaths, certify official acts, take depositions, issue subpoenas and compel the attendance of witnesses and the production of pertinent books, accounts, papers, records, documents and testimony.
WV Code § 23-1-9 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-9. Compelling Compliance With Order or Subpoena

In case of failure or refusal of any person to comply with the order of the executive director, or subpoena issued by him or her, the associate director, or duly appointed employee, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, or refusal to permit an inspection as aforesaid, the circuit judge of the county in which the person resides, on application of the executive director, associate director or any duly appointed employee, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court on a refusal to testify in the court.
WV Code § 23-1-10 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-10. Fee of Officer Serving Subpoena; Fees and Mileage of Witnesses

Each officer who serves subpoenas on behalf of the commission shall receive the same fee as a sheriff and each witness who appears in obedience to a subpoena before the executive director, associate director or duly appointed employee shall receive for his or her attendance the fees and mileage provided for witnesses in civil cases in the circuit court, which shall be audited and paid out of the workers' compensation fund in the same manner as other expenses are audited and paid, if the witness was subpoenaed without the request of either claimant or employer at the instance of the executive director, associate director or duly appointed employee. The witness fees and mileage of any witness subpoenaed by, or at the instance of, either claimant or employer shall be paid by the party who subpoenas the witness.
WV Code § 23-1-11 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-11. Depositions; Investigations

(a) In an investigation into any matter arising under articles one through five, inclusive, of this chapter, the commission may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in the circuit court, but the depositions shall be upon reasonable notice to claimant and employer or other affected persons or their respective attorneys. The commission shall designate the person to represent it for the taking of the deposition.(b) The commission also has discretion to accept and consider depositions taken within or without the state by either the claimant or employer or other affected person, provided due and reasonable notice of the taking of the depositions was given to the other parties or their attorneys, if any: Provided, That the commission, upon due notice to the parties, has authority to refuse or permit the taking of depositions or to reject the depositions after they are taken, if they were taken at a place or under circumstances which imposed an undue burden or hardship upon the other parties. The commission's discretion to accept, refuse to approve or reject the depositions is binding in the absence of abuse of the discretion.(c) The powers and duties set forth in the section shall be transferred from the Workers' Compensation Commission to the Insurance Commissioner upon termination of the commission.
WV Code § 23-1-12 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-12. Copies of Proceedings as Evidence

A transcribed copy of the evidence and proceedings, or any specific part thereof, on any investigation or hearing, taken by a stenographer appointed by the executive director and certified and sworn to by the stenographer to be a true and correct transcript of the testimony in the investigation or hearing, or of a particular witness, or of a specific part thereof, or to be a correct transcript of the proceedings had on the investigation or hearing purporting to be taken and subscribed, may be received in evidence by the executive director with the same effect as if the stenographer were present and testified to the facts certified. A copy of the transcript shall be furnished on demand to any party upon payment of the fee prescribed in the rules and policies of the commission. The fee shall not exceed that prescribed for transcripts in the circuit court.
WV Code § 23-1-14 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-14. Forms

The commission shall prepare and furnish free of cost forms (and provide in his or her rules for their distribution so that they may be readily available) of applications for benefits for compensation from the Workers' Compensation Fund, or directly from employers, as the case may be, notices to employers, proofs of injury or death, of medical attendance, of employment and wage earnings and any other forms considered proper and advisable. It is the duty of employers to constantly keep on hand a sufficient supply of the forms. The powers and duties set forth in the section shall be transferred from the Workers' Compensation Commission to the Insurance Commissioner as of the termination of the commission.
WV Code § 23-1-15 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-15. Procedure Before Commission

The commission, and the Insurance Commissioner effective upon termination of the commission, are not bound by the usual common-law or statutory rules of evidence, but shall adopt formal rules of practice and procedure as herein provided, and may make investigations in a manner that in his or her judgment is best calculated to ascertain the substantial rights of the parties and to carry out the provisions of this chapter.
WV Code § 23-1-17 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-17. Annual Report by the Insurance Commissioner and Occupational Pneumoconiosis Board

Annually, on or about September 15, in each year, the Insurance Commissioner and the Occupational Pneumoconiosis Board shall make a report as of June 30 addressed to the Governor, which shall include a statement of the causes of the injuries for which the awards were made, an explanation of the diagnostic techniques used by the Occupational Pneumoconiosis Board and all examining physicians to determine the presence of disease, the extent of impairment attributable thereto, a description of the scientific support for the diagnostic techniques and a summary of public and private research relating to problems and prevention of occupational diseases. The report shall include a detailed statement of all disbursements, and the condition of the fund, together with any specific recommendations for improvements in the Workers' Compensation law and for more efficient and responsive administration of the Workers' Compensation law, which the executive director considers appropriate. Copies of all annual reports shall be filed with the Secretary of State and shall be made available to the Legislature and to the public at large.
WV Code § 23-1-18 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-18. Commission Employees Not Subject to Subpoena for Workers' Compensation Hearings

No employee of the workers' compensation commission shall be compelled to testify as to the basis, findings or reasons for any decision or order rendered by the employee under this chapter in any hearing conducted pursuant to article five of this chapter.
WV Code § 23-1-19 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 1. General Administrative Provisions|§23-1-19. Civil Remedies

(a) Any person, firm, corporation or other entity which willfully, by means of false statement or representation, or by concealment of any material fact, or by other fraudulent scheme, device or artifice on behalf of himself itself or others, obtains or attempts to obtain benefits, payments, allowances or reduced premium costs or other charges, including Workers' Compensation coverage under the programs of the Workers' Compensation Commission, the company, a private carrier or self-insured employer, to which he or it is not entitled, or in a greater amount than that to which he or it is entitled, shall be liable to the Workers' Compensation Commission, the company, the private carrier or self-insured employer, in an amount equal to three times the amount of such benefits, payments or allowances to which he or it is not entitled and shall be liable for the payment of reasonable attorney fees and all other fees and costs of litigation.(b) No criminal action or indictment need be brought against any person, firm, corporation or other entity as a condition for establishing civil liability hereunder.(c) A civil action under this section may be prosecuted and maintained on behalf of the Workers' Compensation Commission, the Insurance Commissioner, the company, a private carrier or self-insured employer by any attorney in contract with or employed by the Workers' Compensation Commission, the Insurance Commissioner, the company, a private carrier or self-insured employer to provide such representation.(d) Venue for a civil action under this section shall be either in the county in which the defendant resides or in Kanawha County as selected by the commission or Insurance Commissioner. Upon creation of the company pursuant to article two-c of this chapter, venue for a civil action under this section for the company, private carriers and self-insured employers shall be either in the county in which the defendant resides or the county in which the injured worker was employed, as selected by the company, the private carrier or self-insured employer.(e) The remedies and penalties provided in this section are in addition to those remedies and penalties provided elsewhere by law.