West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-20 - Medical Management Of Claims, Guidelines For Impairment Evaluations, Evidence, And Ratings, And Ranges Of Permanent Partial Disability Awards › Section 85-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W.
				Va. Code §
									23-4-3b(b)
				requires the Workers' Compensation Board of Managers to promulgate a rule
				establishing the process for the medical management of claims and awards of
				disability which includes, but is not limited to, reasonable and standardized
				guidelines and parameters for appropriate treatment, expected period of time to
				reach maximum medical improvement and range of permanent partial disability
				awards for common injuries and diseases or, in the alternative, which
				incorporates by reference the medical and disability management guidelines,
				plan or program being utilized by the commission, insurance commissioner,
				self-insured employer or private carrier, whichever is applicable, for the
				medical and disability management of claims, with the requirements, standards,
				parameters and limitations of such guidelines, plan or program having the same
				force and effect as the rule promulgated in compliance herewith. This Rule
				satisfies this statutory requirement. See also, W. Va. Code §§
									23-1-1(b);
				23-1-1a(j)(2), (3),
				(9), and 13); 23-1-1a(j)(13); 23-1-1b(g)(25);
				23-1-13; 23-4-1(c), (d), (f), and (i); 23-4-1g; 23-4-3; 23-4-1d;23-4-3c;
				23-4-6; 23-4-7; 23-4-7a; 23-4-8; 23-4-8b; 23-4-8c; and 23-4-16.
1.2. Authority. -- Pursuant to W. Va. Code,
				§
									23-1-1a(j)(3),
				rules adopted by the Workers Compensation Board of Managers are not subject to
				legislative approval as would otherwise be required under W. Va. Code, §
									29A-3-1
				et seq. Public notice requirements of that chapter and article, however, must
				be followed.
1.3. Filing Date. --
				December 20, 2005.
1.4. Effective
				Date. -- January 20, 2006.
1.5.
				Repeal of former rules. -- This exempt legislative rule repeals and replaces
				the following:
1) 85 C.S.R. 13, " Protocols
				and Procedures for Performing Medical Evaluations in Noise-Induced Hearing Loss
				Claims," filed in the Secretary of State's Office January 24, 1996 and made
				effective February 22, 1996;
2) 85
				C.S.R. 16, "Guidelines for Permanent Impairment Evaluations, Evidence, and
				Ratings," filed in the Secretary of State's Office January 24, 1996 and
				effective February 26, 1996;
3) 85
				C.S.R. 20, "Guidelines for the Treatment of Workers' Compensation Injuries"
				filed in the Secretary of State's Office August 23, 1995 and effective October
				1, 1995;
4) 85 C.S.R. 21,
				"Guidelines for Controlled Substances," filed in the Secretary of State's
				Office August 23, 1995 and made effective September 22, 1995; and
5) 85 C.S.R. 1, "Administration of the
				Workers' Compensation Fund," Sections 11, 14, and 20.
In accordance with the amendments to this rule, this exempt
				  legislative rule repeals and replaces 85 CSR 22, "Guidelines for Psychiatric
				  Permanent Impairment, Evaluations, Evidence and Ratings of Psychiatric
				  Impairment Due to Workers' Compensation Injuries."