West Virginia Code
Article 4. Disability and Death Benefits
§23-4-7b. Trial Return to Work; Insurance Commissioner to Develop Rules

(a) The Legislature hereby finds and declares that it is in the interest of employees and employers that injured employees be encouraged to return to work as quickly as possible after an injury and that appropriate protections be afforded to injured employees who return to work on a trial basis.
(b) The Insurance Commissioner shall propose rules, as provided in section five, article two-c of this chapter, establishing criteria for providing employers the option of allowing employees, following an injury, to return to work on a trial basis and for the suspension of temporary total benefits during a period of trial return to work.

Structure West Virginia Code

West Virginia Code

Chapter 23. Workers' Compensation

Article 4. Disability and Death Benefits

§23-4-1. To Whom Compensation Fund Disbursed; Occupational Pneumoconiosis and Other Occupational Diseases Included in Injury and Personal Injury ; Definition of Occupational Pneumoconiosis and Other Occupational Diseases; Rebuttable Presumption for C...

§23-4-1a. Report of Injuries by Employee

§23-4-1b. Report of Injuries by Employers

§23-4-1c.§23-4-1c. Payment of Temporary Total Disability Benefits Directly to Claimant; Payment of Medical Benefits; Payments of Benefits During Protest; Right of Commission, Successor to the Commission, Private Carriers and Self-Insured Employers to...

§23-4-1d. Method and Time of Payments for Permanent Disability

§23-4-1e. Temporary Total Disability Benefits Not to Be Paid for Periods of Correctional Center or Jail Confinement; Denial of Workers' Compensation Benefits for Injuries or Disease Incurred While Confined

§23-4-1f. Certain Psychiatric Injuries and Diseases Not Compensable; Definitions; Legislative Findings; Terms; Report Required

§23-4-1g. Weighing of Evidence

§23-4-2. Disbursement Where Injury Is Self-Inflicted or Intentionally Caused by Employer; Legislative Declarations and Findings; &Quot;deliberate Intention" Defined

§23-4-3. Schedule of Maximum Disbursements for Medical, Surgical, Dental and Hospital Treatment; Legislative Approval; Guidelines; Preferred Provider Agreements; Charges in Excess of Scheduled Amounts Not to Be Made; Required Disclosure of Financial...

§23-4-3b. Creation of Health Care Advisory Panel

§23-4-3c. Suspension or Termination of Providers of Health Care

§23-4-4. Funeral Expenses; Wrongfully Seeking Payment; Criminal Penalties

§23-4-5. Benefits for First Three Days After Injury

§23-4-6. Classification of and Criteria for Disability Benefits

§23-4-6a. Benefits and Mode of Payment to Employees and Dependents for Occupational Pneumoconiosis; Further Adjustment of Claim for Occupational Pneumoconiosis

§23-4-6b. Occupational Hearing Loss Claims

§23-4-6c. Benefits Payable to Certain Sheltered Workshop Employees; Limitations

§23-4-6d. Benefits Payable to Part-Time Employees

§23-4-7. Release of Medical Information to Employer; Legislative Findings; Effect of Application for Benefits; Duty of Employer

§23-4-7a. Monitoring of Injury Claims; Legislative Findings; Review of Medical Evidence; Recommendation of Authorized Treating Physician; Independent Medical Evaluations; Temporary Total Disability Benefits and the Termination Thereof; Mandatory Acti...

§23-4-7b. Trial Return to Work; Insurance Commissioner to Develop Rules

§23-4-8. Physical Examination of Claimant

§23-4-8a. Occupational Pneumoconiosis Board; Composition; Term of Office; Duties; Quorum; Remuneration

§23-4-8b. Occupational Pneumoconiosis Board; Procedure; Autopsy

§23-4-8c. Occupational Pneumoconiosis Board; Reports and Distribution Thereof; Presumption; Findings Required of Board; Objection to Findings; Procedure Thereon; Limitations on Refilings; Consolidation of Claims

§23-4-8d. Occupational Pneumoconiosis Claims Never Closed for Medical Benefits With Exception of Settled Claims

§23-4-9. Physical and Vocational Rehabilitation

§23-4-9b. Preexisting Impairments Not Considered in Fixing Amount of Compensation

§23-4-10. Classification of Death Benefits; "dependent" Defined

§23-4-11. To Whom Death Benefits Paid

§23-4-12. Application of Benefits

§23-4-13. Effect of Abandonment of Spouse

§23-4-14. Computation of Benefits

§23-4-15. Application for Benefits

§23-4-15a. Nonresident Alien Beneficiaries

§23-4-15b. Determination of Nonmedical Questions; Claims for Occupational Pneumoconiosis; Hearing

§23-4-16. Jurisdiction Over Case Continuous; Modification of Finding or Order; Time Limitation on Awards; Reimbursement of Claimant for Expenses; Reopening Cases Involving Permanent Total Disability; Promulgation of Rules

§23-4-16a. Interest on Benefits

§23-4-17. Commutation of Periodical Benefits

§23-4-18. Mode of Paying Benefits Generally; Exemptions of Compensation From Legal Process

§23-4-20. Postmortem Examinations

§23-4-21. Severability

§23-4-22. Permanent Disability Evaluations; Limitations; Notice

§23-4-23. Permanent Total Disability Benefits; Reduction of Disability Benefits; Reduction of Benefits; Application of Section; Severability

§23-4-24. Permanent Total Disability Awards; Retirement Age; Limitations on Eligibility and the Introduction of Evidence; Effects of Other Types of Awards; Procedures; Requests for Awards; Jurisdiction

§23-4-25. Permanent Total Disability Benefits; Reduction of Disability Benefits for Wages Earned by Claimant