West Virginia Code
Article 5. Review
§23-5-6. Time Periods for Objections and Appeals; Extensions; Effective Until June 30, 2022

(a) Notwithstanding the fact that the time periods set forth for objections, protests and appeals to or from the workers compensation Office of Judges are jurisdictional, the periods may be extended or excused upon application of either party within a period of time equal to the applicable period by requesting an extension of the time period showing good cause or excusable neglect, accompanied by the objection or appeal petition. In exercising discretion, the administrative law judge, appeal board, or court, as the case may be, shall consider whether the applicant was represented by counsel and whether timely and proper notice was actually received by the applicant or the applicants representative.
(b) This section is of no force and effect after June 30, 2022.

Structure West Virginia Code

West Virginia Code

Chapter 23. Workers' Compensation

Article 5. Review

§23-5-1. Notice by Commission or Self-Insured Employer of Decision; Procedures on Claims; Objections and Hearing; Effective Until June 30, 2022

§23-5-1a. Notice by Commission or Self-Insured Employer of Decision; Procedures on Claims; Objections and Hearing; Effective July 1, 2022

§23-5-2. Application by Employee for Further Adjustment of Claim; Objection to Modification; Hearing

§23-5-3. Refusal to Reopen Claim; Notice; Objection; Effective Until June 30, 2022

§23-5-3a. Refusal to Reopen Claim; Notice; Objection; Effective July 1, 2022

§23-5-4. Application by Employer for Modification of Award; Objection to Modification; Hearing

§23-5-5. Refusal of Modification; Notice; Objection; Effective Until June 30, 2022

§23-5-5a. Refusal of Modification; Notice; Objection; Effective July 1, 2022

§23-5-6. Time Periods for Objections and Appeals; Extensions; Effective Until June 30, 2022

§23-5-6a. Time Periods for Objections and Appeals; Extensions; Effective July 1, 2022

§23-5-7. Compromise and Settlement

§23-5-8. Designation of Office of Administrative Law Judges; Powers of Chief Administrative Law Judge; Effective Until June 30, 2022

§23-5-8a. Transfer of Powers and Duties of the Office of Administrative Law Judges to the Workers Compensation Board of Review; Powers of the Workers Compensation Board of Review in Relation to Review of Objections; Effective July 1, 2022

§23-5-8b. Transfer of Jurisdiction to Review Objections to Workers Compensation Board of Review; Termination of Office of Judges; Appeals of Board Decisions to Intermediate Court of Appeals; Effective July 1, 2022

§23-5-9. Hearings on Objections to Insurance Commissioner; Private Carrier or Self-Insured Employer Decisions; Mediation; Remand; Effective Until June 30, 2022

§23-5-9a. Hearings on Objections to Insurance Commissioner; Private Carrier, or Self-Insured Employer Decisions; Mediation; Remand; Effective July 1, 2022

§23-5-10. Appeal From Administrative Law Judge Decision to Appeal Board; Effective Until June 30, 2022

§23-5-10a. Appeal From a Workers Compensation Board of Review Decision to the Intermediate Court of Appeals; Effective July 1, 2022

§23-5-11. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective Until June 30, 2022

§23-5-11a. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective July 1, 2022

§23-5-12. Appeal to Board; Procedure; Remand and Supplemental Hearing; Effective Until June 30, 2022

§23-5-12a. Appeal of Board Decisions to the Intermediate Court of Appeals; Procedure; Remand and Supplemental Hearing; Effective July 1, 2022

§23-5-13. Continuances and Supplemental Hearings; Claims Not to Be Denied on Technicalities; Effective Until June 30, 2022

§23-5-13a. Continuances and Supplemental Hearings; Claims Not to Be Denied on Technicalities; Effective July 1, 2022

§23-5-14. Disqualification of Board Members

§23-5-15. Appeals From Final Decisions of Board to Supreme Court of Appeals of West Virginia Prior to July 1, 2022; Procedure; Costs

§23-5-16. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees; Effective Until June 30, 2022

§23-5-16a. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees