(a) Notwithstanding any other provision of this code, with regard to an objection, protest, or any other decision issued after June 30, 2022, all powers and duties of the Workers Compensation Office of Judges, as provided in this chapter, shall be transferred to the Workers Compensation Board of Review.
(b) Notwithstanding any other provision of this code, the West Virginia Intermediate Court of Appeals has exclusive appellate jurisdiction over the following matters:
(1) Decisions or orders issued by the Office of Judges after June 30, 2022, and prior to its termination; and
(2) Decisions of the Workers Compensation Board of Review, issued after June 30, 2022, as provided in 23-5-8a and 51-11-1 et seq. of this code.
(c) Unless the context clearly indicates a different meaning, effective July 1, 2022, the following terms shall have the following meanings for the purposes of this chapter, except when used in 23-5-1 et seq. of this code:
(1) "Administrative law judge" means a member of the Workers Compensation Board of Review, or a hearing examiner designated by the Board of Review as authorized in 23-5-1 et seq. of this code;
(2) "Office of judges" means the "Workers Compensation Board of Review"; and
(3) "Workers Compensation Board of Review" or "Board of Review" when used in reference to an appeal of a Board of Review decision, means the West Virginia Intermediate Court of Appeals, created by 51-11-1 et seq. of this code.
Structure West Virginia Code
Chapter 23. Workers' Compensation
Article 1. General Administrative Provisions
§23-1-1. Regulation of the Workers Compensation System by the Insurance Commissioner; Findings
§23-1-1b. Powers and Duties of Insurance Commissioner
§23-1-1c. Payment Withholding; Interception; Penalty
§23-1-1d. Rules of Former Division of Workers Compensation
§23-1-1g. Legislative Intent to Create a Quasi-Public Entity
§23-1-2. Oversight of the Workers Compensation Commission
§23-1-3. Payment of Salaries and Expenses Generally; Manner; Limitation
§23-1-4. Records; Confidentiality; Exceptions
§23-1-4a. Bond for Executive Director and Associate Director
§23-1-5. Office of Insurance Commissioner; Hearings
§23-1-6. Employment of Associate Director and Other Assistants; Compensation and Travel Expenses
§23-1-8. Authority of Insurance Commissioner and Employees as to Oaths and Evidence
§23-1-9. Compelling Compliance With Order or Subpoena
§23-1-10. Fee of Officer Serving Subpoena; Fees and Mileage of Witnesses
§23-1-11. Depositions; Investigations
§23-1-12. Copies of Proceedings as Evidence
§23-1-15. Procedure Before Insurance Commissioner
§23-1-17. Annual Report by the Insurance Commissioner and Occupational Pneumoconiosis Board
§23-1-18. Insurance Commissioner Employees Not Subject to Subpoena for Workers Compensation Hearings
§23-1-20. Employment Preference for Employees in Workers Compensation Litigation Unit
§23-1-21. Authorization to Require the Electronic Invoices and Transfers