(a) The Workers Compensation Office of Administrative Law Judges, referred to as the Office of Judges, shall terminate on or before October 1, 2022, as provided in 23-5-8b of this code. All powers and duties of the Office of Judges to review objections, protests, or any other matter authorized by this chapter, shall be transferred to the Workers Compensation Board of Review on July 1, 2022: Provided, That any objection or other matter filed pursuant to this chapter and pending before the Office of Judges upon its termination, in which a final decision has not been issued, shall also be transferred to the Workers Compensation Board of Review as provided in 23-5-8b of this code.
(b) Pursuant to 23-5-11a(n) of this code, the Workers Compensation Board of Review shall employ hearing examiners and other personnel that are necessary for the proper conduct of a system of administrative review of objections to decisions of the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, made pursuant to the provisions of 23-5-1a of this code and issued after June 30, 2022. All hearing examiners hired by the Workers Compensation Board of Review shall be persons who have been admitted to the practice of law in this state and shall also have had at least four years of experience as an attorney. The chair of the Workers Compensation Board of Review shall supervise hearing examiners and other personnel of the board, which collectively shall be referred to in this chapter as the Workers Compensation Board of Review.
(c) The Workers Compensation Board of Review has the power to hear and determine all objections in accordance with the provisions of this article, establish a procedure for the hearing of objections, take oaths, examine witnesses, issue subpoenas, establish the amount of witness fees, keep records, and make reports that are necessary for reviewing objections, and exercise any additional powers, including the delegation of powers to hearing examiners that are necessary for the proper conduct of a system of administrative review of objections. The chair of the Workers Compensation Board of Review shall make reports that are requested of him or her by the Insurance Commissioner.
(d) Effective upon termination of the Office of Judges, the Insurance Commissioner shall have oversight and administrative authority over the Workers Compensation Board of Review as heretofore provided to the Insurance Commissioner over the Office of Judges.
(e) 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