(a) Notwithstanding the fact that the time periods set forth for objections, protests, and appeals to or from the Workers Compensation Board of Review 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 Workers Compensation Board of Review 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 becomes effective on July 1, 2022.
Structure West Virginia Code
Chapter 23. Workers' Compensation
§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
§23-5-12. Appeal to Board; Procedure; Remand and Supplemental Hearing; Effective Until June 30, 2022
§23-5-14. Disqualification of Board Members
§23-5-16a. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees