West Virginia Code
Article 5. Review
§23-5-3a. Refusal to Reopen Claim; Notice; Objection; Effective July 1, 2022

(a) If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under 23-5-2a of this code fails to disclose a progression or aggravation in the claimants condition, or some other fact or facts which were not previously considered in its former findings, and which would entitle the claimant to greater benefits than the claimant has already received, the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, shall, within a reasonable time, notify the claimant and the employer that the application fails to establish a prima facie cause for reopening the claim. The notice shall be in writing stating the reasons for denial and the time allowed for objection to the decision of the commission. The claimant may, within 60 days after receipt of the notice, object in writing to the finding. Unless the objection is filed within the 60-day period, no objection shall be allowed. This time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt of an objection, the Workers Compensation Board of Review shall afford the claimant an evidentiary hearing as provided in 23-5-9a of this code.
(b) This section becomes effective on July 1, 2022.

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