West Virginia Code
Article 5. Review
§23-5-7. Compromise and Settlement

(a) The claimant, the employer, and the Workers" Compensation Commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, may negotiate a final settlement of any and all issues in a claim wherever the claim is in the administrative or appellate processes: Provided, That in the settlement of medical benefits for nonorthopedic occupational disease claims, the claimant shall be represented by legal counsel: Provided, however, That for the purposes of this section, the term "nonorthopedic occupational disease claim" does not include an occupational hearing loss or hearing impairment claim. If the employer is not active in the claim, the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable, may negotiate a final settlement with the claimant and the settlement shall be made a part of the claim record. Except in cases of fraud, no issue that is the subject of an approved settlement agreement may be reopened by any party, including the commission, the successor to the commission, other private insurance carriers, and self-insured employers, whichever is applicable. Any settlement agreement may provide for a lump-sum payment or a structured payment plan, or any combination thereof, or any other basis as the parties may agree. If a self-insured employer later fails to make the agreed-upon payment, the commission shall assume the obligation to make the payments and shall recover the amounts paid or to be paid from the self-insured employer and its sureties or guarantors, or both, as provided in §23-2-5 or §23-2-5a of this code.
(b) Each settlement agreement shall provide the toll-free number of the West Virginia State Bar Association and shall provide the injured worker with five business days to revoke the executed agreement. The Insurance Commissioner may void settlement agreements entered into by an unrepresented injured worker which are determined to be unconscionable pursuant to criteria established by rule of the commissioner.
(c) The amendments to this section enacted during the regular session of the Legislature, 2015, apply to all settlement agreements executed after the effective date.

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