reglab/housing_qa huggingface dataset:
WV Code § 23-5-6 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 period showing good cause or excusable neglect, accompanied by the objection or appeal petition. In exercising discretion, the administrative law judge, appeal board, or court, as the case may be, shall consider whether the applicant was represented by counsel and whether timely and proper notice was actually received by the applicant or the applicants representative.(b) This section is of no force and effect after June 30, 2022.
WV Code § 23-5-6a (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 period showing good cause or excusable neglect, accompanied by the objection or appeal petition. In exercising discretion, the Workers Compensation Board of Review or court, as the case may be, shall consider whether the applicant was represented by counsel and whether timely and proper notice was actually received by the applicant or the applicants representative.(b) This section becomes effective on July 1, 2022.
WV Code § 23-5-7 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 benefits for nonorthopedic occupational disease claims, the claimant shall be represented by legal counsel: Provided, however, That for the purposes of this section, the term "nonorthopedic occupational disease claim" does not include an occupational hearing loss or hearing impairment claim. If the employer is not active in the claim, the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, may negotiate a final settlement with the claimant and the settlement shall be made a part of the claim record. Except in cases of fraud, no issue that is the subject of an approved settlement agreement may be reopened by any party, including the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable. Any settlement agreement may provide for a lump-sum payment or a structured payment plan, or any combination thereof, or any other basis as the parties may agree. If a self-insured employer later fails to make the agreed-upon payment, the commission shall assume the obligation to make the payments and shall recover the amounts paid or to be paid from the self-insured employer and its sureties or guarantors, or both, as provided in §23-2-5 or §23-2-5a of this code.(b) Each settlement agreement shall provide the toll-free number of the West Virginia State Bar Association and shall provide the injured worker with five business days to revoke the executed agreement. The Insurance Commissioner may void settlement agreements entered into by an unrepresented injured worker which are determined to be unconscionable pursuant to criteria established by rule of the commissioner.(c) The amendments to this section enacted during the regular session of the Legislature, 2015, apply to all settlement agreements executed after the effective date.
WV Code § 23-5-8a (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 to the Workers Compensation Board of Review on July 1, 2022: Provided, That any objection or other matter filed pursuant to this chapter and pending before the Office of Judges upon its termination, in which a final decision has not been issued, shall also be transferred to the Workers Compensation Board of Review as provided in 23-5-8b of this code.(b) Pursuant to 23-5-11a(n) of this code, the Workers Compensation Board of Review shall employ hearing examiners and other personnel that are necessary for the proper conduct of a system of administrative review of objections to decisions of the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, made pursuant to the provisions of 23-5-1a of this code and issued after June 30, 2022. All hearing examiners hired by the Workers Compensation Board of Review shall be persons who have been admitted to the practice of law in this state and shall also have had at least four years of experience as an attorney. The chair of the Workers Compensation Board of Review shall supervise hearing examiners and other personnel of the board, which collectively shall be referred to in this chapter as the Workers Compensation Board of Review.(c) The Workers Compensation Board of Review has the power to hear and determine all objections in accordance with the provisions of this article, establish a procedure for the hearing of objections, take oaths, examine witnesses, issue subpoenas, establish the amount of witness fees, keep records, and make reports that are necessary for reviewing objections, and exercise any additional powers, including the delegation of powers to hearing examiners that are necessary for the proper conduct of a system of administrative review of objections. The chair of the Workers Compensation Board of Review shall make reports that are requested of him or her by the Insurance Commissioner.(d) Effective upon termination of the Office of Judges, the Insurance Commissioner shall have oversight and administrative authority over the Workers Compensation Board of Review as heretofore provided to the Insurance Commissioner over the Office of Judges.(e) This section becomes effective on July 1, 2022.
WV Code § 23-5-8b (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 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.(b) On or before September 30, 2022, the Office of Judges shall issue a final decision in, or otherwise dispose of, each and every objection or other matter pending before the Office of Judges. If the Office of Judges does not issue a final decision or otherwise dispose of any objection or other matter pending before the Office of Judges on or before September 30, 2022, the objection or other matter shall be transferred to the Workers Compensation Board of Review. For any objections transferred from the Office of Judges to the Workers Compensation Board of Review, the Board of Review shall adopt any existing records of proceedings in the Office of Judges, conduct further proceedings, and collect evidence as it determines to be necessary, and issue a final decision or otherwise dispose of the case according to the procedural rules promulgated pursuant to 23-5-11a(m) of this code.(c) Upon the Office of Judges disposition of every matter pending before the office, or on October 1, 2022, whichever occurs earlier, the Office of Judges is terminated.(d) The West Virginia Intermediate Court of Appeals, created in 51-11-1 et seq. of this code, has exclusive appellate jurisdiction over the following:(1) Decisions or orders issued by the Office of Judges after June 30, 2022, and prior to its termination; and(2) All final orders or decisions issued by the Workers Compensation Board of Review after June 30, 2022.(e) Notwithstanding the requirements of this section, the Workers Compensation Board of Review shall review and decide all remaining appeals filed with the Board of Review, of Office of Judges decisions issued prior to June 30, 2022, according to the procedure and requirements for such appeals heretofore provided in this article.(f) This section becomes effective on July 1, 2022.
WV Code § 23-5-10 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 therefor be made within thirty days of receipt of notice of the administrative law judges final action or in any event within 60 days of the date of such final action, regardless of notice and, unless the application for appeal or review is filed within the time specified, no such appeal or review shall be allowed, such time limitation being hereby declared to be a condition of the right of such appeal or review and hence jurisdictional.(b) This section is of no force and effect after June 30, 2022.
WV Code § 23-5-10a (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 is made within 30 days of receipt of notice of the Workers Compensation Board of Reviews final action or in any event within 60 days of the date of such final action, regardless of notice and, unless the application for appeal or review is filed within the time specified, no such appeal or review shall be allowed, such time limitation being hereby declared to be a condition of the right of such appeal or review and hence jurisdictional.(b) This section becomes effective on July 1, 2022.
WV Code § 23-5-13 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 the families of injured or deceased workers. Therefore, the criteria for continuances and supplemental hearings "for good cause shown" are to be strictly construed by the chief administrative law judge and his or her authorized representatives to prevent delay when granting or denying continuances and supplemental hearings. It is also the policy of this chapter to prohibit the denial of just claims of injured or deceased workers or their dependents on technicalities.(b) This section is of no force and effect after June 30, 2022.
WV Code § 23-5-13a (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 the families of injured or deceased workers. Therefore, the criteria for continuances and supplemental hearings "for good cause shown" are to be strictly construed by the Workers Compensation Board of Review and its authorized representatives to prevent delay when granting or denying continuances and supplemental hearings. It is also the policy of this chapter to prohibit the denial of just claims of injured or deceased workers or their dependents on technicalities.(b) This section becomes effective on July 1, 2022.
WV Code § 23-5-14 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5. Review|§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 from participating in the hearing and determination of such appeal.
WV Code § 23-5A-1 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5A. Discriminatory Practices|§23-5A-1. Discriminatory Practices Prohibited

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.
WV Code § 23-5A-2 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5A. Discriminatory Practices|§23-5A-2. Discriminatory Practices Prohibited -- Medical Insurance

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 provided to be decreased during the entire period for which that employee during the continuance of the employer- employee relationship is claiming or is receiving benefits under this chapter for a temporary disability. If the medical insurance policy requires a contribution by the employee, that employee must continue to make the contribution required, to the extent the insurance contract does not provide for a waiver of the premium.Nothing in this section shall prevent an employer from changing insurance carriers or cancelling or reducing medical coverage if the temporarily disabled employee and his dependents are treated with respect to insurance in the same manner as other similarly classified employees and their dependents who are also covered by the medical insurance policy.This section provides a private remedy for the employee which shall be enforceable in an action by the employee in a circuit court having jurisdiction over the employer.
WV Code § 23-5A-3 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5A. Discriminatory Practices|§23-5A-3. Termination of Injured Employee Prohibited; Reemployment of Injured Employees

(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 article four of this chapter and is receiving or is eligible to receive temporary total disability benefits, unless the injured employee has committed a separate dischargeable offense. A separate dischargeable offense shall mean misconduct by the injured employee wholly unrelated to the injury or the absence from work resulting from the injury. A separate dischargeable offense shall not include absence resulting from the injury or from the inclusion or aggregation of absence due to the injury with any other absence from work.(b) It shall be a discriminatory practice within the meaning of section one of this article for an employer to fail to reinstate an employee who has sustained a compensable injury to the employee's former position of employment upon demand for such reinstatement provided that the position is available and the employee is not disabled from performing the duties of such position. If the former position is not available, the employee shall be reinstated to another comparable position which is available and which the employee is capable of performing. A comparable position for the purposes of this section shall mean a position which is comparable as to wages, working conditions and, to the extent reasonably practicable, duties to the position held at the time of injury. A written statement from a duly licensed physician that the physician approves the injured employee's return to his or her regular employment shall be prima facie evidence that the worker is able to perform such duties. In the event that neither the former position nor a comparable position is available, the employee shall have a right to preferential recall to any job which the injured employee is capable of performing which becomes open after the injured employee notifies the employer that he or she desired reinstatement. Said right of preferential recall shall be in effect for one year from the day the injured employee notifies the employer that he or she desires reinstatement: Provided, That the employee provides to the employer a current mailing address during this one year period.(c) Any civil action brought under this section shall be subject to the seniority provisions of a valid and applicable collective bargaining agreement, or arbitrator's decision thereunder, or to any court or administrative order applying specifically to the injured employee's employer, and shall further be subject to any applicable federal statute or regulation.(d) Nothing in this section shall affect the eligibility of the injured employee to workers' compensation benefits under this chapter.
WV Code § 23-5A-4 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 5A. Discriminatory Practices|§23-5A-4. State Employees to Accrue Increment Pay During Absence Due to Work-Related Injuries; Legislative Rules

(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 this section.
WV Code § 23-6-1 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 6. Severability; Legislative Intent; Operative Date|§23-6-1. Severability

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 are declared to be severable.
WV Code § 23-6-2 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 6. Severability; Legislative Intent; Operative Date|§23-6-2. Legislative Intent

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 reductions commensurate with the cost of such employee benefits.
WV Code § 23-6-3 (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 6. Severability; Legislative Intent; Operative Date|§23-6-3. Operative Date for Particular Enactment

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.
WV Code § 24-1-1b (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 1. General Provisions|§24-1-1b. Supplemental Rule for Reorganization

The Public Service Commission shall, by general order, create a division within its staff which shall, upon written request of the governing body of a political subdivision that operates a water and/or sewer utility, provide legal, operational, engineering, financial, ratemaking and accounting advice and assistance to water and/or sewer utilities that are political subdivisions of the state and may perform or participate in the studies required under section one-b, article thirteen-a, chapter sixteen of this code.
WV Code § 24-1-1c (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 1. General Provisions|§24-1-1c. Legislative Findings

The Legislature finds:(1) Helping retail electric customers invest in and install solar photovoltaic energy facilities of their choice on their properties is in the public interest;(2) Free-market financing may provide more customers with opportunities to install solar photovoltaic energy facilities;(3) Installation of solar photovoltaic energy facilities will stabilize long-term energy costs making the state more attractive for industry and commercial investment;(4) Financing arrangements, including those in which payments are based on the performance and output of the solar photovoltaic energy facility installed on the property of a retail electric customer, will help reduce or eliminate upfront costs involved in the investments and installation by the customers; and(5) Individuals and entities which offer or receive these types of financing arrangements should not be considered or treated as public utilities.