reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4. Disability and Death Benefits › §23-4-18. Mode of Paying Benefits Generally; Exemptions of Compensation From Legal Process

Except as provided by this section, compensation shall be paid only to the employees or their dependents and is exempt from all claims of creditors and from any attachment, execution or assignment other than compensation to counsel for legal services, under the provisions of, and subject to the limitations contained in section sixteen, article five of this chapter, and other than for the enforcement of orders for child or spousal support entered pursuant to the provisions of chapter forty-eight of this code. Payments may be made in the periodic installments determined by the commission in each case, but in no event less frequently than semimonthly for any temporary award and monthly for any permanent award. Payments for permanent disability shall be paid on or before the third day of the month in which they are due. In all cases where compensation is awarded or increased, the amount of compensation shall be calculated and paid from the date of disability.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4. Disability and Death Benefits › §23-4-20. Postmortem Examinations

The commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, may, after due notice to the employer and claimant, whenever it considers it necessary, order an autopsy and may designate a duly licensed physician to make the postmortem examination or examinations that are necessary to determine the cause of the deceased employee's death. The physician shall file with the commission a written report of his or her findings. The claimant and the employer, respectively, have the right to select a physician of his her or its own choosing and, at his or her or its own expense, to participate in the postmortem examination. The respective physicians selected by the claimant and the employer have the right to concur in any report made by the physician selected by the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, or each may file with the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, a separate report. In any case, including silicosis cases, in which either the employer or a claimant requests that an autopsy be performed, the autopsy shall be directed as provided in this section. In the event that a claimant for compensation for the death refuses to consent and permit the autopsy to be made all rights to compensation shall be forfeited.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4. Disability and Death Benefits › §23-4-22. Permanent Disability Evaluations; Limitations; Notice

Notwithstanding any provision in this chapter to the contrary, any claim which was closed for the receipt of temporary total disability benefits or which was closed on a no-lost-time basis and which was more than five years prior to the effective date of this section shall not be considered to still be open or the subject for an evaluation of the claimant for permanent disability merely because an evaluation has not previously been conducted and a decision on permanent disability has not been made: Provided, That if a request for an evaluation was made in a claim prior to the March 29, 1993, the commission shall have the evaluation performed. In every instance, a claim shall be a case in which no award has been made for the purposes of section sixteen of this article. In every claim closed after the effective date of this section, the commission shall give notice to the parties of the claimant's right to a permanent disability evaluation.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4. Disability and Death Benefits › §23-4-23. Permanent Total Disability Benefits; Reduction of Disability Benefits; Reduction of Benefits; Application of Section; Severability

(a) This section is applicable whenever benefits are being paid for permanent total disability benefits arising under subdivision (d), (m) or (n), section six of this article or under section eight-c of this article. This section is not applicable to the receipt of temporary total disability benefits, the receipt of permanent partial disability benefits, the receipt of benefits by partially or wholly dependent persons or to the receipt of benefits pursuant to the provisions of subsection (e), section ten of this article. This section is not applicable to the receipt of medical benefits or the payment for medical benefits.
(b) Whenever applicable benefits are paid to a beneficiary with respect to the same time period for which payments under a self-insurance plan, a wage continuation plan or a disability insurance policy provided by an employer are also received or being received by the beneficiary, the applicable benefits shall be reduced by these amounts:
(1) The after-tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan or under a disability insurance policy provided by an employer if the employee did not contribute directly to the plan or to the payment of premiums regarding the disability insurance policy; or
(2) The proportional amount, based on the ratio of the employer's contributions to the total insurance premiums for the policy period involved, of the after-tax amount of the payments received or being received by the employee pursuant to a disability insurance policy provided by an employer if the employee did contribute directly to the payment of premiums regarding the disability insurance policy: Provided, That in no event shall applicable benefits be reduced below the minimum weekly benefits as provided for in subdivisions (b) and (d), section six of this article.
(c) This section applies to awards of permanent total disability made after the effective date of this section.
(d) The board of managers shall promulgate the appropriate rules for the interpretation, processing and enforcement of this section.
(e) If any portion of this section or any application of this section is subsequently found to be unconstitutional or in violation of applicable law, it shall not affect the validity of the remainder of this section or the applications of the section that are not unconstitutional or in violation.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4. Disability and Death Benefits › §23-4-24. Permanent Total Disability Awards; Retirement Age; Limitations on Eligibility and the Introduction of Evidence; Effects of Other Types of Awards; Procedures; Requests for Awards; Jurisdiction

(a) Notwithstanding any provision of this chapter to the contrary, except as stated below, no claimant shall be awarded permanent total disability benefits arising under subdivision (d) or (n), section six of this article or section eight-c of this article who terminates active employment and is receiving full old-age retirement benefits under the Social Security Act, 42 U.S.C. §401 and 402. Any claimant shall be evaluated only for the purposes of receiving a permanent partial disability award premised solely upon the claimant's impairments. This subsection is not applicable in any claim in which the claimant has completed the submission of his or her evidence on the issue of permanent total disability prior to the later of the following: Termination of active employment or the initial receipt of full old-age retirement benefits under the Social Security Act. Once the claimant has terminated active employment and has begun to receive full old-age social security retirement benefits, the claimant may not produce additional evidence of permanent total disability nor shall the claim be remanded for the production of the evidence.
(b) The Workers' Compensation Commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, has the sole and exclusive jurisdiction to initially hear and decide any claim or request pertaining, in whole or in part, to subdivision (d) or (n), section six of this article. Any claim or request for permanent total disability benefits arising under said subdivisions shall first be presented to the commission as part of the initial claim filing or by way of an application for modification or adjustment pursuant to section sixteen of this article. The office of judges may consider a claim only after the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, has entered an appropriate order.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4. Disability and Death Benefits › §23-4-25. Permanent Total Disability Benefits; Reduction of Disability Benefits for Wages Earned by Claimant

(a) After April 8, one thousand nine hundred ninety-three, a reduction in the amount of benefits as specified in subsection (b) of this section shall be made whenever benefits are being paid for a permanent total disability award regardless of when the benefits were awarded. This section is not applicable to the receipt of medical benefits or the payment for medical benefits, the receipt of permanent partial disability benefits, the receipt of benefits by partially or wholly dependent persons, or to the receipt of benefits pursuant to the provisions of subsection (e), section ten of this article. Prior to the application of this section to any claimant, the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, shall give the claimant notice of the effect of this section upon a claimant's award if and when the claimant later earns wages.
(b) Whenever applicable benefits are paid to a claimant with respect to the same time period in which the claimant has earned wages as a result of his or her employment, the following reduction in applicable benefits shall be made. The claimant's applicable monthly benefits and monthly net wages received from the current employment shall be added together. If the total exceeds by more than one hundred twenty percent of the amount of the claimant's monthly net wages earned during his or her last employment prior to the award of permanent total disability benefits, the excess shall be reduced by $1 for each $2 that the claimant's monthly benefits and monthly net wages exceed the one hundred twenty percent level: Provided, That in no event shall applicable benefits be reduced below the minimum weekly benefits as provided in subdivisions (b) and (d), section six of this article.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-1. Purpose

The purpose of this article is to establish a fund to provide benefits to coal miners who are totally disabled by pneumoconiosis and to eligible dependents of coal miners whose deaths were due to pneumoconiosis or who were totally disabled from pneumoconiosis at time of their deaths. The further purpose of this article is to provide a readily available insurer of liability created by Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-2. Coal-Workers Pneumoconiosis Fund Established

For the relief of persons who are entitled to receive benefits by virtue of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed, there is continued a fund to be known as the Coal-Workers Pneumoconiosis Fund. The Coal-Workers Pneumoconiosis Fund shall consist of premiums and other funds paid to the fund by employers, subject to the provisions of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, who shall elect to subscribe to the fund to ensure the payment of benefits required by the Act for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed.
The State Treasurer shall be the custodian of the Coal-Workers Pneumoconiosis Fund and all premiums, deposits, or other moneys paid to the fund shall be deposited in the State Treasury to the credit of the Coal-Workers Pneumoconiosis Fund. Disbursements from the fund shall be made upon requisition signed by the Insurance Commissioner. The West Virginia Investment Management Board may invest any surplus, reserve, or other moneys belonging to the Coal-Workers Pneumoconiosis Fund in accordance with 12-6-1
et seq
. of this code.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-3. To Whom Benefits Paid

Only those classes of persons who are entitled to benefits under Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed, are eligible to participate in the Coal-Workers' Pneumoconiosis Fund.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-4. Who May Subscribe

Only those employers who are subject to the provisions of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, may elect to subscribe to the Coal-Workers Pneumoconiosis Fund to insure the liability imposed upon such employers under the provisions of Title IV of the Act. Coverage by the Coal-Workers Pneumoconiosis Fund will be provided only for claims incurred under the Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed. Pursuant to 23-4B-9 of this code, the Coal-Workers Pneumoconiosis Fund was closed to new subscribers after December 31, 2005, upon the termination of the former Workers Compensation Commission. Only those persons entitled to benefits under 23-4B-3 of this code and who were employed by employers who elected to subscribe to the Coal-Workers Pneumoconiosis Fund prior to its closure may apply for benefits.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-5. Payment of Benefits

Upon receipt of an order of compensation issued pursuant to a claim for benefits filed under the provisions of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed, the Insurance Commissioner shall disburse the Coal-Workers Pneumoconiosis Fund in the amounts and to the persons as directed by the order.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-7. Administration

The Coal-Workers Pneumoconiosis Fund shall be administered by the Insurance Commissioner, who shall employ any employees and contract with any parties necessary to discharge his or her duties and responsibilities under this article. All payments of salaries and expenses of the employees and all expenses peculiar to the administration of this article shall be made by the State Treasurer from the Coal-Workers Pneumoconiosis Fund upon requisitions signed by the Insurance Commissioner.
Provided
, That the employers mutual insurance company established pursuant to 23-2C-1
et seq
. of this code shall be the administrator of the Coal-Workers Pneumoconiosis Fund for a term not to exceed three years following the termination of the Workers Compensation Commission pursuant to an agreement to be entered into between the Insurance Commissioner and the Company prior to the termination of the Workers Compensation Commission. The Companys administrative duties may include, but not be limited to, receipt of all claims, processing said claims, providing for the payment of said claims through the State Treasurers office and ensuring, through the selection and assignment of counsel, that claims decisions are properly defended. Any contract entered into by the Insurance Commissioner for the administration of the Coal-Workers Pneumoconiosis Fund thereafter shall be subject to the procedures set forth in 5A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-8a. Legislative Findings; Transfers to the State; Maximum Transfer Authorization; Purpose for Which Moneys Transferred May Be Disbursed and Expended; Maximum Amount of Transfer Authorization; Terms and Conditions for Repayment; Premiums to Be Set Without Regard to Transfers; Creation of Special Account in State Treasury

[Repealed.]
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 4B. Coal-Workers' Pneumoconiosis Fund › §23-4B-9. Closure of Coal-Workers Pneumoconiosis Fund

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 administration and defense of claims, where the date of last exposure is on or before December 31, 2005, without regard to the date the claim is filed, shall be an obligation of the Coal-Workers Pneumonoconiosis Fund.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 5. Review › §23-5-2. Application by Employee for Further Adjustment of Claim; Objection to Modification; Hearing

In any case where an injured employee makes application in writing for a further adjustment of his or her claim under the provisions of section sixteen, article four of this chapter and the application discloses cause for a further adjustment, the commission shall, after due notice to the employer, make the modifications, or changes with respect to former findings or orders in the claim that are justified. Any party dissatisfied with any modification or change made by the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, is, upon proper and timely objection, entitled to a hearing, as provided in section nine of this article.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 5. Review › §23-5-3. Refusal to Reopen Claim; Notice; Objection; Effective Until June 30, 2022

(a) If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under 23-2-1
et seq
. of this code fails to disclose a progression or aggravation in the claimants condition, or some other fact or facts which were not previously considered in its former findings and which would entitle the claimant to greater benefits than the claimant has already received, the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, shall, within a reasonable time, notify the claimant and the employer that the application fails to establish a prima facie cause for reopening the claim. The notice shall be in writing stating the reasons for denial and the time allowed for objection to the decision of the commission. The claimant may, within 60 days after receipt of the notice, object in writing to the finding. Unless the objection is filed within the 60-day period, no objection shall be allowed. This time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt of an objection, the Office of Judges shall afford the claimant an evidentiary hearing as provided in 23-9-1
et seq
. of this code.
(b) This section is of no force and effect after June 30, 2022.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 5. Review › §23-5-3a. Refusal to Reopen Claim; Notice; Objection; Effective July 1, 2022

(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 claimants condition, or some other fact or facts which were not previously considered in its former findings, and which would entitle the claimant to greater benefits than the claimant has already received, the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, shall, within a reasonable time, notify the claimant and the employer that the application fails to establish a prima facie cause for reopening the claim. The notice shall be in writing stating the reasons for denial and the time allowed for objection to the decision of the commission. The claimant may, within 60 days after receipt of the notice, object in writing to the finding. Unless the objection is filed within the 60-day period, no objection shall be allowed. This time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt of an objection, the Workers Compensation Board of Review shall afford the claimant an evidentiary hearing as provided in 23-5-9a of this code.
(b) This section becomes effective on July 1, 2022.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 5. Review › §23-5-4. Application by Employer for Modification of Award; Objection to Modification; Hearing

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 commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall make a decision upon the application. If the application discloses cause for a further adjustment, the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall, after due notice to the employee, make the modifications or changes with respect to former findings or orders that are justified. Any party dissatisfied with any modification or change made or by the denial of an application for modification is, upon proper and timely objection, entitled to a hearing as provided in either 23-5-9 or 23-5-9a of this code.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 5. Review › §23-5-5. Refusal of Modification; Notice; Objection; Effective Until June 30, 2022

(a) If in any case it appears to the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, that the application filed pursuant to 23-4-1
et seq
. of this code fails to disclose some fact or facts which were not previously considered by the commission in its former findings, and which would entitle the employer to any modification of the previous award, the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, shall, within 60 days from the receipt of the application, notify the claimant and employer that the application fails to establish a just cause for modification of the award. The notice shall be in writing stating the reasons for denial and the time allowed for objection to the decision of the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable. The employer may, within 30 days after receipt of the notice, object in writing to the decision. Unless the objection is filed within the 30-day period, no objection shall be allowed. This time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt of the objection, the Office of Judges shall afford the employer an evidentiary hearing as provided in 23-9-1
et seq
. of this code.
(b) This section is of no force and effect after June 30, 2022.
2023 West Virginia Code › Chapter 23. Workers' Compensation › Article 5. Review › §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 of the previous award, the Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable, shall, within 60 days from the receipt of the application, notify the claimant and employer that the application fails to establish a just cause for modification of the award. The notice shall be in writing stating the reasons for denial and the time allowed for objection to the decision of the Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable. The employer may, within 30 days after receipt of the notice, object in writing to the decision. Unless the objection is filed within the 30-day period, no objection shall be allowed. This time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt of the objection, the Workers Compensation Board of Review shall afford the employer an evidentiary hearing as provided in 23-5-9 of this code.
(b) This section becomes effective on July 1, 2022.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 24. Public Service Commission › Article 1. General Provisions › §24-1-1d. Additional Legislative Findings Related to the Coal Industry

The Legislature finds that:
(1) Over 600 coal-fired electric units nationally have been forced to close;
(2) Eighteen coal-fired electric units within West Virginias borders have been forced to close;
(3) Markets for West Virginia coal have been severely diminished due to the closure of regional coal plants to the point that West Virginia coal shipments have been reduced from 162 coal plants a decade ago to only 43 plants today;
(4) West Virginia coal mines are forced to close, resulting in West Virginia coal miners being out of work, compromising homeland security and defense measures, and threatening grid stability and resiliency;
(5) It is imperative the State of West Virginia take immediate steps to reverse these undesirable trends to ensure that no more coal-fired plants close, no additional jobs are lost, and long-term state prosperity is maintained;
(6) Throughout the past decade, no group has been hit harder by the decline of coal than West Virginias coal miners and their families. Many coal miners are struggling to make ends meet and provide for their families;
(7) In addition to working toward sustaining coal employment levels and coal-based, electric generation, the State of West Virginia should take immediate steps to provide education, training, and retraining opportunities for displaced coal miners and their families;
(8) West Virginia coal-fired power plants should continue to provide base load generation critical for maintaining slow, steady generation that produces power on a continuous cycle, ensures grid stability, and protects against overloads and power shortages;
(9) West Virginia coal and electricity generated in West Virginia are relied upon throughout a multi-state region, thus playing a vital role in regional homeland security;
(10) West Virginias coal fleet, comprised of nine individual plants and 25 units, is fueled on average by a total of 25 million tons annually; accounts for over $2 billion of economic activity; and sustains approximately 3,500 mining jobs, 2,000 plant worker jobs, thousands of downstream and indirect local and surrounding county jobs, and hundreds of millions of dollars of payroll and tax dollars;
(11) The role of West Virginia and West Virginia coal in regional homeland security is of paramount importance; thus, it is incumbent for our state to continue to provide leadership in this increasingly critical area in order to sustain and protect our regional electric supplies; and
(12) Public electric utilities in West Virginia should be encouraged to operate their coal-fired plants at maximum reasonable output and for the duration of the life of the plants.