West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-6 - Time Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Compensability -- Except for those issues covered by §6.2, a final
				decision shall be issued in protests involving compensability issues within 6
				months of the date of receipt of the protest by the Office of Judges.
6.2. Claims rejected by self-insured employer
				-- A final decision shall be issued in claimant protests to compensability of
				claims rejected by self-insured employer, other than for occupational
				pneumoconiosis or hearing loss, within 4 months of the date of receipt of the
				protest by the Office of Judges.
6.3. Medical Treatment Authorization - A
				final decision shall be issued in protests by claimants involving medical
				treatment authorization issues within 4 months of the date of receipt of the
				protest by the Office of Judges. A final decision shall be issued in protests
				by employers involving medical treatment issues within 6 months of the date of
				receipt of the protest.
6.4.
				Rehabilitation - A final decision shall be issued in protests involving
				rehabilitation issues within 10 months of the date of receipt of the protests
				by the Office of Judges.
6.5.
				Temporary Total Disability - A final decision shall be issued in protests
				involving temporary total disability issues within 6 months of the date of
				receipt of the protest by the Office of Judges.
6.6. Dependents Benefits (104 Weeks) - A
				final decision shall be issued in protests involving dependents benefits issues
				within 4 months of the date of receipt of the protest by the Office of
				Judges.
6.7. Dependents Benefits
				(Fatal Claims) - A final decision shall be issued in protests involving such
				fatal claims within 12 months of the date of receipt of the protest by the
				Office of Judges. It is recognized that such cases often involve voluminous
				medical records and that such records often are difficult to obtain. Moreover,
				such cases often involve expert opinions that are dependent on the analysis of
				such medical records. Accordingly, in these more complex cases, motions to
				extend time frames will not be unreasonably denied.
6.8. Permanent Partial Disability - A final
				decision shall be issued in protests involving permanent partial disability,
				including protests to permanent partial disability awards in occupational
				pneumoconiosis cases, within 15 months of the date of the receipt of the
				protest by the Office of Judges.
6.9. Occupational Pneumoconiosis Non-Medical
				- A final decision shall be issued in protests involving OP non-medical issues
				within 9 months of the date of receipt of the protest by the Office of Judges.
6.10. Permanent Total Disability
6.10.1. Impairment Threshold - A final
				decision shall be issued in protests involving whether the claimant has a
				sufficient degree of medical impairment to be considered for a permanent total
				disability award within 8 months of the date of the receipt of the protest by
				the Office of Judges.
6.10.2.
				Permanent Total Disability Entitlement - A final decision shall be issued in
				protests involving whether a claimant should be granted or denied an award of
				permanent total disability within 15 months of the date of receipt of the
				protest by the Office of Judges.
6.10.3. Onset Date - A final decision shall
				be issued in protests involving the onset date in permanent total disability
				cases within 4 months of the date of receipt of the protest by the Office of
				Judges.
6.10.4. Second Injury
				Chargeability - A final decision shall be issued in protests involving whether
				or not a permanent total disability award is a second injury award within 4
				months of the receipt of the protest by the Office of Judges.
6.10.5. Suspension/Termination - A final
				decision shall be issued in protests involving the suspension/termination of
				PTD benefits within 9 months of the receipt of the protest by the Office of
				Judges.