West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-9 - Expedited Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Expedited
				issues. In compliance with the provisions of W. Va. Code §
									23-4-1c(a)(3),
				when a private carrier or self-insured employer, whichever is applicable, fails
				to timely issue a ruling upon any application or motion as provided by law, or
				if the claimant files a timely protest to the ruling of a self-insured employer
				or private carrier or other issuing entity denying the compensability of the
				claim, denying temporary total disability benefits, or denying medical
				authorization, the Board of Review shall provide to the claimant an expedited
				hearing as defined in this Rule.
9.2. Election of expedited hearing process.
				The claimant must notify, in writing, the Board of Review and all parties of
				intent to proceed with the expedited hearing process. Notice of the election to
				proceed with the expedited hearing process must be received no later than
				fifteen (15) days after the date the protest was acknowledged by the Board of
				Review. The claimant's notice must specify whether the claimant requests that a
				hearing be scheduled, requests an opportunity to offer written evidence or
				argument, or both. If the claimant requests that a hearing be scheduled, the
				claimant must show good cause to support the request, including but not limited
				to, identifying with specificity the testimony or evidence that the claimant
				intends to present at the hearing. If the claimant elects to proceed with the
				expedited hearing process but does not request that a hearing be scheduled, the
				other party may submit a request for a hearing within ten (10) days of receipt
				of the claimant's election. If the other party requests a hearing, that party
				must show good cause to support the request, including but not limited to,
				identifying with specificity the testimony and evidence it intends to present
				at the hearing.
9.3. Time limit for
				filing evidence in expedited process when neither party requests that a hearing
				be scheduled. If neither party requests that a hearing be scheduled, the Board
				of Review will modify the Time Frame Order to require that all evidence be
				submitted within 45 days from receipt of the claimant's election of the
				expedited hearing process.
9.4.
				Expedited process when a party requests that a hearing be scheduled
9.4.1. If a party requests that a hearing be
				scheduled and good cause has been established for the request, the Board of
				Review will issue a notice of hearing and amended Time Frame Order. The date of
				the hearing will be at least fourteen (14) days after the date of the Board of
				Review's notice of hearing. The Time Frame Order will expire on the date of the
				hearing. However, other than testimony that may be presented during the
				expedited hearing, all evidence must be exchanged by the parties and received
				by the Board of Review no later than one business day prior to the expedited
				hearing. The Board of Review has discretion to waive this
				requirement.
9.4.2. Hearings in the
				expedited process will be scheduled to last no longer than sixty (60) minutes,
				divided at thirty (30) minutes per side including rebuttal. If the docket
				schedule permits, the hearing length may be extended at the discretion of the
				Board of Review. If the parties anticipate requiring more lengthy testimony,
				then the parties should obtain that testimony at a deposition prior to the
				expedited hearing.
9.4.3. The
				parties are not required to appear at the expedited hearing, unless subpoenaed,
				and may submit any arguments or evidence in writing prior to the hearing
				date.