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 93-1-9 - Expedited Adjudication Process

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), for rulings denying the compensability of the claim, denying initial Temporary Total Disability, or denying medical authorization, the Office of Judges will make available to the claimant an expedited adjudication process.
9.2. Election of
				Expedited Process
The claimant must notify, in writing, the Office of
				  Judges, and all parties, of intent to proceed with the expedited process.
				  Notice of the election to proceed with the expedited process must be received
				  no later than fifteen (15) days after the date the protest was acknowledged by
				  the Office of Judges.
Once a claimant has elected to proceed with the expedited
				  process, the matter cannot be removed from the expedited process except by
				  agreement of the parties or for the most compelling of good cause.
9.3. Scheduling of Expedited
				Administrative Hearing
The Office of Judges will regularly schedule
				  dockets for expedited issues at selected locations around the state and at
				  regular intervals. Once notified of the election to proceed with the expedited
				  process, the Office of Judges will schedule an administrative hearing to be
				  conducted at the special dockets venue closest to the claimant's residence. The
				  Office of Judges will attempt to conduct the hearing within a minimum of
				  twenty-five (25) days, and a maximum of forty-five (45) days, from receipt of
				  the election.
9.4.
				Expedited Administrative Hearing
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 administrative law
				  judge. If the parties anticipate requiring more lengthy testimony, then the
				  parties should obtain that testimony at a deposition prior to the expedited
				  hearing.
The parties are not required to appear at the expedited
				  process hearing, unless subpoenaed, and may submit any arguments or evidence in
				  writing prior to the hearing date.
9.5. Time Limit for Filing
				Evidence
Evidence from any party must be submitted to the Office of Judges
				  before, or at, the administrative hearing. The existing Time Frame shall expire
				  on the date of the hearing.
9.6. Continuances
Hearings shall not be
				  continued except by agreement of the parties or upon the most compelling of
				  good cause. Good cause determinations will be strictly resolved in view of the
				  legislative mandate to expedite the resolution of the issue.
9.7. Expedited Decisions
The Office of
				  Judges shall issue a decision within thirty (30) days of the date of the
				  administrative hearing.
9.8. Exceptions
This expedited
				  adjudication process shall not be available for occupational pneumoconiosis,
				  hearing loss claims, or complex issues as identified at the discretion of the
				  Office of Judges.
9.9.
				Failure to Prosecute in Expedited Adjudication
In protests in which no new
				  evidence has been introduced, or no argument in lieu of evidence has been filed
				  by the hearing date, the provisions of section 10 [93-1-10] shall
				  apply.