West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-6 - Litigation Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Protests
Any objection, referred to as "protest", to a ruling of the claim
				  administrator shall be filed with the Office of Judges in writing and a copy
				  served on the claim administrator and all parties. The protest shall include a
				  copy of the ruling to which the protest has been made.
6.2. Time Period for Filing a
				Protest
Any protest under this section shall be filed with the Office of Judges within sixty (60) days after receipt of the notice set forth in W. Va. Code §
									23-5-1. As provided in W. Va. Code §
									23-5-6, the period within which a protest must be filed may be expanded to one hundred twenty (120) days for good cause or excusable neglect.
Protests which do not meet the requirements of §6.1 will serve to meet the time limitations of §6.2 provided that any deficiency is corrected within a reasonable time after notification by the Office of Judges of the deficiency.
6.3. Acknowledgment
				of Filing a Protest
The Office of Judges shall determine if a protest is
				  timely filed, acknowledge receipt of timely filed protests, and may issue Time
				  Frame Orders in regard to the litigation of such protests. A Time Frame Order
				  shall be interlocutory in nature and not subject to appeal.
6.4. Time Frame Orders
A Time Frame
				  Order shall set forth the sequence in which evidence shall be presented by the
				  parties and the time periods within which such evidence shall be presented. A
				  Time Frame Order may include such other matters as deemed appropriate by the
				  Chief Administrative Law Judge or his/her designee. Except for those expedited
				  issues identified in section nine [93-1-9 et seq.], a Time Frame Order may be
				  modified, amended or extended at the request of a party, but only for good
				  cause shown. The Office of Judges may modify or amend a Time Frame Order
				  without such a request for appropriate administrative purposes. A request for
				  modification, amendment, or extension, of the Time Frame, must be in writing
				  and must be made no later than ten (10) days prior to the expiration of the
				  existing Time Frame Order. Any extension request filed later than ten (10) days
				  prior to the expiration of the requesting party's existing Time Frame Order
				  shall be denied unless good cause is found for the untimeliness of the request.
				  Any request, timely or otherwise, for an extension of time must set forth the
				  reason an extension is necessary and shall include a statement of the efforts
				  the party has made to comply with the Time Frame Order.
6.5. Case Summations and Arguments in Lieu of
				Evidence
Except for purposes of section ten [93-1-10 et seq., "Failure to
				  Prosecute Protest"] of this Rule, parties may file argument, explanation of
				  case, or statement of authority in a case summation (sometimes referred to as a
				  "closing argument"). Any such case summation or closing argument must be filed
				  within ten (10) days after the expiration of the final Time Frame. Any
				  argument, explanation of case, or statement of authority filed later than ten
				  (10) days after the expiration of the final Time Frame may be considered at the
				  discretion of the ALJ.
As noted in section ten [93-1-10 et seq., "Failure to
				  Prosecute Protest"], argument submitted in lieu of evidence must be filed
				  within the protesting party's time frame.
6.6. Order of Presentation of
				Evidence
Evidence in regard to a protest shall be presented either
				  concurrently or consecutively as set forth by Time Frame Order. The protesting
				  party shall have the burden of going forth with evidence first in those
				  protests with consecutive time frames. In the event that the claimant and at
				  least one employer have protested, the parties shall proceed
				  concurrently.
6.7. Manner
				and Receipt of Notice
Any notice required by these rules shall be deemed
				  adequate if served upon counsel of the other parties (or upon the party if not
				  represented by counsel) as may be permitted as in Rule 5 of the West Virginia
				  Rules of Civil Procedure. Filing by facsimile is permitted together with other
				  electronic means as may be approved by the Chief Administrative Law Judge.
				  Receipt of notice shall be presumed seven (7) calendar days after the date of
				  notice. If service at the last known address is returned by the United States
				  Postal Service as undeliverable, a party shall notify the Office of Judges and
				  thereafter need not continue serving notices at that address. It is the duty of
				  each party to notify the Office of Judges and all other parties of any change
				  of address.
6.8. Further
				Action
The Chief Administrative Law Judge or his/her authorized
				  representative shall review the transcripts of the hearings, testimony, the
				  evidence, and arguments, and take such action with regard to the issues as
				  shall be appropriate. The Chief Administrative Law Judge or his/her authorized
				  representative may order further action in a protest when it appears that a
				  legal issue has not been sufficiently addressed, or when the record appears to
				  have been burdened with excessive submissions or designations. Any further
				  action so ordered shall be limited to those matters specifically referenced in
				  the order. Such further action may include additional hearings, the requirement
				  of the filing of briefs or summations, the requirement of an explanation of the
				  relevance and materiality of any evidence, or such other action as may promote
				  the ends of justice and judicial economy.