West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-23 - Loss Prevention › Section 85-23-10 - Administrative Protests and Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Protest. An employer may protest any
				order, decision, designation or redesignation made under the provisions of this
				rule.
10.2. Petition. In order to
				preserve its right to protest, the employer must file a written petition with
				the commission, stating the order or decision protested and the exact nature of
				the issue in controversy. In the written petition, the employer must designate
				a person or entity to receive official notices related to the protest and the
				employer must provide the address of the person or entity. The written petition
				must be received by the commission within thirty (30) days after the employer
				receives notice of the objectionable order or decision or within sixty (60)
				days of the date of the objectionable order or decision, regardless of notice.
				This period may not be extended or waived.
10.3. Acknowledgment. Within thirty (30) days
				after receiving the written protest, the commission shall issue a notice
				acknowledging the protest and providing an opportunity for hearing. Filing of a
				written protest temporarily stays the order or decision protested until a
				decision is rendered on such protest by a hearing examiner: Provided that, such
				temporary stay shall not exceed ninety (90) days from the date of the order or
				decision protested unless the employer is not provided an opportunity for
				hearing within that ninety (90) day period, in which case the temporary stay
				shall not exceed that date which the employer is provided an opportunity for
				hearing. The commission may grant a further stay provided that the safety of
				the employer's employees is not compromised.
10.4. Subsequent administrative hearing
				proceedings shall be in accordance with 85 C.S.R. 7 "Rules for Selected
				Hearings."
10.4.1. In classification and
				reclassification of contested matters, the hearing examiner shall consider all
				relevant evidence relating to the totality of the circumstances surrounding the
				contested issue. Relevant issues for the hearing examiner's consideration shall
				include, but not be limited to the following:
a. Whether the employer has been properly
				classified for purposes of determining the employer's experience modification
				factor;
b. Whether the experience
				modification factor is an effective method of determining the employer's
				mandated status;
c. Whether the
				employer is engaged in a unique employment category such that there is a
				suitable classification for purposes of determining the employer's experience
				modification factor;
d. Whether the
				employer has experienced significant changes in the number of payroll employees
				so as to adversely affect the employer's experience modification factor;
				and
e. Whether the employer has
				experienced a catastrophic loss or other anomalous circumstance so as to
				adversely affect the employer's experience modification factor.