Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1. General Administrative Provisions
§23-1-1. Regulation of the Workers Compensation System by the Insurance Commissioner; Findings - (a) As recognized by the Supreme Court of Appeals of...
§23-1-1b. Powers and Duties of Insurance Commissioner - The Insurance Commissioner shall have the power and duty to:...
§23-1-1c. Payment Withholding; Interception; Penalty - [Repealed.]
§23-1-1d. Rules of Former Division of Workers Compensation - [Repealed.]
§23-1-1e. Transfer of Assets and Contracts; Ability to Acquire, Own, Lease and Otherwise Manage Property - [Repealed.]
§23-1-1f. Authority of Insurance Commission to Exempt Employees From Classified Service; Exemption From Purchasing Rules - Notwithstanding any other provision of this code, the Insurance Commissioner...
§23-1-1g. Legislative Intent to Create a Quasi-Public Entity - [Repealed.]
§23-1-1h. Powers and Duties of Office of Judges Transferred to Board of Review; Definition of Certain Terms Effective July 1, 2022 - (a) Notwithstanding any other provision of this code, with regard...
§23-1-2. Oversight of the Workers Compensation Commission - The Insurance Commissioner shall report at least quarterly to the...
§23-1-3. Payment of Salaries and Expenses Generally; Manner; Limitation - [Repealed.]
§23-1-4. Records; Confidentiality; Exceptions - Except as expressly provided for in this subsection, information obtained...
§23-1-4a. Bond for Executive Director and Associate Director - [Repealed.]
§23-1-5. Office of Insurance Commissioner; Hearings - The Insurance Commissioner shall keep and maintain his or her...
§23-1-6. Employment of Associate Director and Other Assistants; Compensation and Travel Expenses - [Repealed.]
§23-1-7. Associate Director to Act During Executive Director S Absence or Inability to Act and in Case of Vacancy; Bond of Associate Director - [Repealed.]
§23-1-8. Authority of Insurance Commissioner and Employees as to Oaths and Evidence - The Insurance Commissioner and other employees appointed by the Insurance...
§23-1-9. Compelling Compliance With Order or Subpoena - In case of failure or refusal of any person to...
§23-1-10. Fee of Officer Serving Subpoena; Fees and Mileage of Witnesses - Each officer who serves subpoenas on behalf of the Insurance...
§23-1-11. Depositions; Investigations - (a) In an investigation into any matter arising under this...
§23-1-12. Copies of Proceedings as Evidence - A transcribed copy of the evidence and proceedings, or any...
§23-1-13. Rules of Procedure and Evidence; Persons Authorized to Appear in Proceedings; Withholding of Psychiatric and Psychological Reports and Providing Summaries Thereof - (a) The Insurance Commissioner shall adopt reasonable and proper rules...
§23-1-14. Forms - The Insurance Commissioner shall prepare and furnish free of cost...
§23-1-15. Procedure Before Insurance Commissioner - The Insurance Commissioner is not bound by the usual common-law...
§23-1-17. Annual Report by the Insurance Commissioner and Occupational Pneumoconiosis Board - Annually, on or about September 15, in each year, the...
§23-1-18. Insurance Commissioner Employees Not Subject to Subpoena for Workers Compensation Hearings - No employee of the Insurance Commissioner shall be compelled to...
§23-1-19. Civil Remedies - (a) Any person, firm, corporation, or other entity which willfully,...
§23-1-20. Employment Preference for Employees in Workers Compensation Litigation Unit - [Repealed.]
§23-1-21. Authorization to Require the Electronic Invoices and Transfers - (a) The Insurance Commissioner shall establish a program to require...
Article 2. Employers and Employees Subject to Chapter; Extraterritorial Coverage
§23-2-1. Employers Subject to Chapter; Elections Not to Provide Certain Coverages; Notices; Filing of Business Registration Certificates - (a) The State of West Virginia and all governmental agencies...
§23-2-1a. Employees Subject to Chapter - (a) Employees subject to this chapter are all persons in...
§23-2-1b. Special Provisions as to Premiums - [Repealed.]
§23-2-1c. Extraterritorial Coverage; Approval and Change of Agreements - (a) Whenever there is a possibility of conflict with respect...
§23-2-1d. Prime Contractors and Subcontractors Liability - (a) The Legislature finds that every prime contractor should be...
§23-2-2. Insurance Commissioner to Be Furnished Information by Employers, State Tax Commissioner, and Workforce West Virginia; Secrecy of Information; Examination of Employers, etc.; Violation a Misdemeanor - (a) Every employer shall furnish the Insurance Commissioner, upon request,...
§23-2-3. Report Forms and Other Forms for Use of Employers - The Insurance Commissioner shall prepare and furnish report forms for...
§23-2-4. Classification of Industries; Rate of Premiums; Authority to Adopt Various Systems; Accounts - [Repealed.]
§23-2-5. Notice to Employees - Upon discovery that an employer is not maintaining West Virginia...
§23-2-5a. Collection of Premiums From Defaulting Employers; Interest and Penalties; Civil Remedies; Creation and Enforcement of Lien Against Employer and Purchaser; Duty of Secretary of State to Register Liens; Distraint Powers; Insolvency Proceeding... - (a) The Insurance Commissioner in the name of the state...
§23-2-5c. Statute of Limitations; Effective Date for New Payments; Previous Payments Due Not Affected - [Repealed.]
§23-2-5d. Uncollectible Receivables; Write-Offs - [Repealed.]
§23-2-6. Exemption of Contributing Employers From Liability - Any employer subject to this chapter who procures and continuously...
§23-2-6a. Exemption From Liability of Officers, Managers, Agents, Representatives or Employees of Contributing Employers - The immunity from liability set out in the preceding section...
§23-2-7. Benefits of Chapter May Not Be Waived by Contract or Regulation - No employer or employee shall exempt himself or herself from...
§23-2-8. Liability of Employer for Failing to Procure or Maintain Workers Compensation Insurance; Certain Common-Law Defenses Prohibited; Exceptions - All employers who fail to procure and continuously maintain workers...
§23-2-9. Election of Employer or Employers Group to Be Self-Insured and to Provide Own System of Compensation; Exceptions; Self Administration; Rules; Penalties; Regulation of Self-Insurers - (a) Notwithstanding any provisions of this chapter to the contrary,...
§23-2-9a. Sanctions for Default by Self-Insured Employers; Rulemaking Authority - Whenever the authority of an employer to self-insure its obligations...
§23-2-10. Application of Chapter to Interstate Commerce - (a) In case any employer within the meaning of this...
§23-2-11. Partial Invalidity of Chapter - If any provision of this chapter or the application of...
§23-2-12. Effect of Repeal or Invalidity of Chapter on Action for Damages - If the provisions of this chapter relating to compensation for...
§23-2-13. Interest - The interest due on payments pursuant to 23-2-9(d)(1) and 23-2C-8(d)(1)...
§23-2-14. Sale or Transfer of Business; Attachment of Lien for Premium, etc.; Payments Due; Criminal Penalties for Failure to Pay; Creation and Avoidance or Elimination of Lien; Enforcement of Lien; Successor Liability - [Repealed.]
§23-2-15. Liabilities of Successor Employer; Waiver of Payment by Commission; Assignment of Predecessor Employer S Premium Rate to Successor - [Repealed.]
§23-2-16. Acceptance or Assignment of Premium Rate - [Repealed.]
§23-2-17. Employer Right to Hearing; Content of Petition; Appeal - Notwithstanding any provision in this chapter to the contrary and...
Article 2A. Subrogation
§23-2A-1. Subrogation; Limitations - (a) Where a compensable injury or death is caused, in...
Article 2B. Occupational Safety and Health Programs
§23-2B-1. Occupational Safety and Health Activities; Voluntary Compliance; Consultative Services - [Repealed].
§23-2B-2. Mandatory Programs; Safety Committees; Requirements; Rules; Exceptions - [Repealed].
§23-2B-3. Premium Rate Credits; Qualified Loss Management Program; Loss Management Firms; Penalties; Rules - [Repealed].
Article 2C. Employers' Mutual Insurance Company
§23-2C-1. Findings and Purpose - (a) The Legislature finds that: (1) There is a long-term...
§23-2C-2. Definitions - (a) "Insurance Commissioner" means the Insurance Commissioner of West Virginia...
§23-2C-3. Private Carriers Not Subject to Certain Premium Taxes, Surcharges, and Credits; Regulatory Surcharge Imposed on Private Carriers and Self-Insured Employers - Private carriers including the company, are not subject to payment...
§23-2C-3a. Employers Mutual Insurance Company - Additional Provisions Enacted in November 2005 - [Repealed.]
§23-2C-4. Governance and Organization - [Repealed.]
§23-2C-5. Creation of the Industrial Council; Duties - (a) There is hereby created within the office of the...
§23-2C-6. Continuation of Old Fund, Uninsured Employer Fund, Self-Insured Employer Guaranty Risk Pool, and Self-Insured Employer Security Risk Pool - There is hereby continued in the State Treasury a "Workers...
§23-2C-7. Custody, Investment and Disbursement of Funds - The State Treasurer shall be the custodian of the Old...
§23-2C-8. Workers Compensation Uninsured Employer Fund - (a) The Workers Compensation Uninsured Employer Fund shall be governed...
§23-2C-10. West Virginia Adverse Risk Assignment - (a) The Insurance Commissioner shall provide for the development and...
§23-2C-11. Transfer of Assets From New Fund to the Mutual Insurance Company Established as a Successor to the Commission; Transfer of Commission Employees - [Repealed.]
§23-2C-12. Certain Personnel Provisions Governing Workers Compensation Commission Employees and Employees Laid Off by the Employers Mutual Insurance Company During Its Initial Year of Operation - A person who was employed by the former Workers Compensation...
§23-2C-13. Certain Retraining Benefits to Those Employees Laid-Off by the Mutual During Its First Year of Operation - [Repealed.]
§23-2C-14. Certain Benefits Provided to Commission Employees - [Repealed.]
§23-2C-15. Mandatory Coverage; Changing of Coverage - (a) An employer may elect to purchase workers compensation insurance...
§23-2C-16. Administration of Old Fund, Uninsured Employer Fund, Self-Insured Employer Guaranty Risk Pool, Self-Insured Employer Security Risk Pool, and Private Carrier Guaranty Fund - (a) The Insurance Commissioner shall review claims determined to be...
§23-2C-17. Administration of a Competitive System - (a) Every policy of insurance issued by a private carrier:...
§23-2C-18. Ratemaking; Insurance Commissioner - (a)(1) Rates for workers compensation insurance are subject to the...
§23-2C-18a. Designation of Rating Organization - (a) For the purposes of this section: (1) "Classification system"...
§23-2C-19. Premium Payment; Employer Default; Special Provisions as to Employer Default Collection - (a) Each employer who is required to purchase and maintain...
§23-2C-20. Claims Administration Issues - (a) Private carriers and self-insured employers shall at all times...
§23-2C-21. Limitation of Liability of Insurer or Third-Party Administrator; Administrative Fines Are Exclusive Remedies - (a) No civil action may be brought or maintained by...
§23-2C-22. Rules - Except as otherwise provided in this chapter, all rules applicable...
§23-2C-23. Transfer of Assets and Contracts - [Repealed.]
§23-2C-24. Surplus Note or Other Loan Arrangement for New Fund - [Repealed.]
Article 2D. Workers' Compensation Debt Reduction Bonds
§23-2D-1. Short Title - [Repealed.]
§23-2D-2. Legislative Findings; Legislative Intent - [Repealed.]
§23-2D-3. Definitions - [Repealed.]
§23-2D-4. Workers Compensation Debt Reduction Revenue Bonds; Amount; When May Issue - [Repealed.]
§23-2D-5. Special Account Created; Use of Moneys in the Fund - [Repealed.]
§23-2D-5a. Excess Regular Coal Severance Taxes - [Repealed.]
§23-2D-6. Creation of Debt Service Fund; Disbursements to Pay Debt Service on Workers Compensation Debt Reduction Revenue Bonds - [Repealed.]
§23-2D-7. Covenants of State - [Repealed.]
§23-2D-8. Workers Compensation Debt Reduction Revenue Bonds Lawful Investments - [Repealed.]
§23-2D-9. Refunding Bonds - [Repealed.]
§23-2D-10. Approval and Payment of All Necessary Expenses - [Repealed.]
Article 3. Workers' Compensation Fund
§23-3-1. Compensation Fund; Catastrophe and Catastrophe Payment Defined; Compensation by Employers - [Repealed.]
§23-3-1a. Transfer of Silicosis Fund to Workers Compensation Fund; Claims Under Former Article Six - [Repealed.]
§23-3-2. Custody, Investment and Disbursement of Funds - [Repealed.]
§23-3-3. Investment of Surplus Funds Required - [Repealed.]
§23-3-4. Deposits and Disbursements Considered Abandoned Property; Disposition of Property - [Repealed.]
§23-3-5. Authorization to Require the Electronic Invoices and Transfers - [Repealed.]
§23-3-6. Emergency Fiscal Measures - [Repealed.]
Article 4. Disability and Death Benefits
§23-4-1. To Whom Compensation Fund Disbursed; Occupational Pneumoconiosis and Other Occupational Diseases Included in Injury and Personal Injury ; Definition of Occupational Pneumoconiosis and Other Occupational Diseases; Rebuttable Presumption for C... - (a) Subject to the provisions and limitations elsewhere in this...
§23-4-1a. Report of Injuries by Employee - Every employee who sustains an injury subject to this chapter,...
§23-4-1b. Report of Injuries by Employers - It is the duty of every employer to report to...
§23-4-1c.§23-4-1c. Payment of Temporary Total Disability Benefits Directly to Claimant; Payment of Medical Benefits; Payments of Benefits During Protest; Right of Commission, Successor to the Commission, Private Carriers and Self-Insured Employers to... - (a) In any claim for benefits under this chapter, the...
§23-4-1d. Method and Time of Payments for Permanent Disability - (a) If the commission, successor to the commission, other private...
§23-4-1e. Temporary Total Disability Benefits Not to Be Paid for Periods of Correctional Center or Jail Confinement; Denial of Workers' Compensation Benefits for Injuries or Disease Incurred While Confined - (a) Notwithstanding any provision of this code to the contrary,...
§23-4-1f. Certain Psychiatric Injuries and Diseases Not Compensable; Definitions; Legislative Findings; Terms; Report Required - (a) Except as provided by this section, for the purposes...
§23-4-1g. Weighing of Evidence - (a) For all awards made on or after the effective...
§23-4-2. Disbursement Where Injury Is Self-Inflicted or Intentionally Caused by Employer; Legislative Declarations and Findings; &Quot;deliberate Intention" Defined - (a) Notwithstanding anything contained in this chapter, no employee or...
§23-4-3. Schedule of Maximum Disbursements for Medical, Surgical, Dental and Hospital Treatment; Legislative Approval; Guidelines; Preferred Provider Agreements; Charges in Excess of Scheduled Amounts Not to Be Made; Required Disclosure of Financial... - (a) The Workers' Compensation Commission, and effective upon termination of...
§23-4-3b. Creation of Health Care Advisory Panel - (a) The commission shall establish a health care advisory panel...
§23-4-3c. Suspension or Termination of Providers of Health Care - (a) The commission may suspend for up to three years...
§23-4-4. Funeral Expenses; Wrongfully Seeking Payment; Criminal Penalties - (a) In case the personal injury causes death, reasonable funeral...
§23-4-5. Benefits for First Three Days After Injury - If the period of disability does not last longer than...
§23-4-6. Classification of and Criteria for Disability Benefits - Where compensation is due an employee under the provisions of...
§23-4-6a. Benefits and Mode of Payment to Employees and Dependents for Occupational Pneumoconiosis; Further Adjustment of Claim for Occupational Pneumoconiosis - If an employee is found to be permanently disabled due...
§23-4-6b. Occupational Hearing Loss Claims - (a) In all claims for occupational hearing loss caused by...
§23-4-6c. Benefits Payable to Certain Sheltered Workshop Employees; Limitations - Notwithstanding the provisions of section six, six-a or six-b of...
§23-4-6d. Benefits Payable to Part-Time Employees - (a) For purposes of this section, a part-time employee means...
§23-4-7. Release of Medical Information to Employer; Legislative Findings; Effect of Application for Benefits; Duty of Employer - (a) The Legislature hereby finds and declares that two of...
§23-4-7a. Monitoring of Injury Claims; Legislative Findings; Review of Medical Evidence; Recommendation of Authorized Treating Physician; Independent Medical Evaluations; Temporary Total Disability Benefits and the Termination Thereof; Mandatory Acti... - (a) The Legislature hereby finds and declares that injured claimants...
§23-4-7b. Trial Return to Work; Insurance Commissioner to Develop Rules - (a) The Legislature hereby finds and declares that it is...
§23-4-8. Physical Examination of Claimant - (a) The Insurance Commissioner, private carrier or self-insured employer, whichever...
§23-4-8a. Occupational Pneumoconiosis Board; Composition; Term of Office; Duties; Quorum; Remuneration - The Occupational Pneumoconiosis Board shall consist of five licensed physicians...
§23-4-8b. Occupational Pneumoconiosis Board; Procedure; Autopsy - The Occupational Pneumoconiosis Board, upon reference to it by an...
§23-4-8c. Occupational Pneumoconiosis Board; Reports and Distribution Thereof; Presumption; Findings Required of Board; Objection to Findings; Procedure Thereon; Limitations on Refilings; Consolidation of Claims - (a) The Occupational Pneumoconiosis Board, as soon as practicable, after...
§23-4-8d. Occupational Pneumoconiosis Claims Never Closed for Medical Benefits With Exception of Settled Claims - Notwithstanding the provisions of subdivision (4), subsection (a), section sixteen...
§23-4-9. Physical and Vocational Rehabilitation - (a) The Legislature hereby finds that it is a goal...
§23-4-9b. Preexisting Impairments Not Considered in Fixing Amount of Compensation - Where an employee has a definitely ascertainable impairment resulting from...
§23-4-10. Classification of Death Benefits; "dependent" Defined - In case a personal injury, other than occupational pneumoconiosis or...
§23-4-11. To Whom Death Benefits Paid - The benefits, in case of death, shall be paid to...
§23-4-12. Application of Benefits - The dependent or person to whom benefits are paid shall...
§23-4-13. Effect of Abandonment of Spouse - Notwithstanding anything herein contained, no sum will be paid to...
§23-4-14. Computation of Benefits - (a) The average weekly wage earnings, wherever earned, of the...
§23-4-15. Application for Benefits - (a) To entitle any employee or dependent of a deceased...
§23-4-15a. Nonresident Alien Beneficiaries - Notwithstanding any other provisions of this chapter, nonresident alien beneficiaries...
§23-4-15b. Determination of Nonmedical Questions; Claims for Occupational Pneumoconiosis; Hearing - If a claim for occupational pneumoconiosis benefits is filed by...
§23-4-16. Jurisdiction Over Case Continuous; Modification of Finding or Order; Time Limitation on Awards; Reimbursement of Claimant for Expenses; Reopening Cases Involving Permanent Total Disability; Promulgation of Rules - (a) The power and jurisdiction of the commission, successor to...
§23-4-16a. Interest on Benefits - Whenever any award of temporary total, permanent partial or permanent...
§23-4-17. Commutation of Periodical Benefits - The commission, successor to the commission, other private carrier or...
§23-4-18. Mode of Paying Benefits Generally; Exemptions of Compensation From Legal Process - Except as provided by this section, compensation shall be paid...
§23-4-20. Postmortem Examinations - The commission, successor to the commission, other private carrier or...
§23-4-21. Severability - If any provision of this article or the application thereof...
§23-4-22. Permanent Disability Evaluations; Limitations; Notice - Notwithstanding any provision in this chapter to the contrary, any...
§23-4-23. Permanent Total Disability Benefits; Reduction of Disability Benefits; Reduction of Benefits; Application of Section; Severability - (a) This section is applicable whenever benefits are being paid...
§23-4-24. Permanent Total Disability Awards; Retirement Age; Limitations on Eligibility and the Introduction of Evidence; Effects of Other Types of Awards; Procedures; Requests for Awards; Jurisdiction - (a) Notwithstanding any provision of this chapter to the contrary,...
§23-4-25. Permanent Total Disability Benefits; Reduction of Disability Benefits for Wages Earned by Claimant - (a) After April 8, one thousand nine hundred ninety-three, a...
Article 4A. Disabled Workers' Relief Fund
§23-4A-1. Disabled Workers Relief Fund - Persons who are receiving benefits from the Disabled Workers Relief...
§23-4A-2. To Whom Benefits Paid - [Repealed.]
§23-4A-3. Computation of Benefits - [Repealed.]
§23-4A-4. Mode of Payment - [Repealed.]
§23-4A-5. Employers Providing Own System of Compensation - [Repealed.]
§23-4A-6. Powers of Commission Over Disabled Workers Relief Fund - [Repealed.]
§23-4A-8. Disabled Workers Relief Fund; How Funded - [Repealed.]
§23-4A-9. Transfer of Authority to the Insurance Commissioner - [Repealed.]
Article 4B. Coal-Workers' Pneumoconiosis Fund
§23-4B-1. Purpose - The purpose of this article is to establish a fund...
§23-4B-2. Coal-Workers Pneumoconiosis Fund Established - For the relief of persons who are entitled to receive...
§23-4B-3. To Whom Benefits Paid - Only those classes of persons who are entitled to benefits...
§23-4B-4. Who May Subscribe - Only those employers who are subject to the provisions of...
§23-4B-5. Payment of Benefits - Upon receipt of an order of compensation issued pursuant to...
§23-4B-6. Coal-Workers Pneumoconiosis Fund; How Funded - [Repealed.]
§23-4B-7. Administration - The Coal-Workers Pneumoconiosis Fund shall be administered by the Insurance...
§23-4B-8. Separable From Workers Compensation Fund - [Repealed.]
§23-4B-8a. Legislative Findings; Transfers to the State; Maximum Transfer Authorization; Purpose for Which Moneys Transferred May Be Disbursed and Expended; Maximum Amount of Transfer Authorization; Terms and Conditions for Repayment; Premiums to Be... - [Repealed.]
§23-4B-8b. Transfer of Funds to Workers Compensation Fund - [Repealed.]
§23-4B-9. Closure of Coal-Workers Pneumoconiosis Fund - Upon the termination of the former Workers Compensation Commission, the...
Article 4C. Employers' Excess Liability Fund
§23-4C-1. Purpose - [Repealed.]
§23-4C-2. Employers Excess Liability Fund Established - [Repealed.]
§23-4C-3. Payment of Excess Damages From Fund - [Repealed.]
§23-4C-4. Employers Excess Liability Fund; How Funded - [Repealed.]
§23-4C-5. Administration - [Repealed.]
§23-4C-6. Novation to the Successor of the Commission - [Repealed.]
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 - (a) The Insurance Commissioner, private carriers, and self-insured employers may...
§23-5-1a. Notice by Commission or Self-Insured Employer of Decision; Procedures on Claims; Objections and Hearing; Effective July 1, 2022 - (a) The Insurance Commissioner, private carriers, and self-insured employers may...
§23-5-2. Application by Employee for Further Adjustment of Claim; Objection to Modification; Hearing - In any case where an injured employee makes application in...
§23-5-3. Refusal to Reopen Claim; Notice; Objection; Effective Until June 30, 2022 - (a) If it appears to the Insurance Commissioner, private insurance...
§23-5-3a. Refusal to Reopen Claim; Notice; Objection; Effective July 1, 2022 - (a) If it appears to the Insurance Commissioner, private insurance...
§23-5-4. Application by Employer for Modification of Award; Objection to Modification; Hearing - In any case in which an employer makes application in...
§23-5-5. Refusal of Modification; Notice; Objection; Effective Until June 30, 2022 - (a) If in any case it appears to the commission,...
§23-5-5a. Refusal of Modification; Notice; Objection; Effective July 1, 2022 - (a) If in any case it appears to the Insurance...
§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...
§23-5-6a. Time Periods for Objections and Appeals; Extensions; Effective July 1, 2022 - (a) Notwithstanding the fact that the time periods set forth...
§23-5-7. Compromise and Settlement - (a) The claimant, the employer, and the Workers" Compensation Commission,...
§23-5-8. Designation of Office of Administrative Law Judges; Powers of Chief Administrative Law Judge; Effective Until June 30, 2022 - (a) The Workers Compensation Office of Administrative Law Judges previously...
§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 - (a) The Workers Compensation Office of Administrative Law Judges, referred...
§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 - (a) The Office of Judges has no jurisdiction to review...
§23-5-9. Hearings on Objections to Insurance Commissioner; Private Carrier or Self-Insured Employer Decisions; Mediation; Remand; Effective Until June 30, 2022 - (a) Objections to a decision of the Insurance Commissioner, private...
§23-5-9a. Hearings on Objections to Insurance Commissioner; Private Carrier, or Self-Insured Employer Decisions; Mediation; Remand; Effective July 1, 2022 - (a) Objections to a decision of the Insurance Commissioner, private...
§23-5-10. Appeal From Administrative Law Judge Decision to Appeal Board; Effective Until June 30, 2022 - (a) The employer, claimant, Workers Compensation Commission, the successor to...
§23-5-10a. Appeal From a Workers Compensation Board of Review Decision to the Intermediate Court of Appeals; Effective July 1, 2022 - (a) The employer, claimant, Insurance Commissioner, other private insurance carriers,...
§23-5-11. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective Until June 30, 2022 - (a) On January 31, 2004, the Workers Compensation Appeal Board...
§23-5-11a. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective July 1, 2022 - (a) The "Workers Compensation Board of Review", which may also...
§23-5-12. Appeal to Board; Procedure; Remand and Supplemental Hearing; Effective Until June 30, 2022 - (a) Any employer, employee, claimant, or dependent who shall feel...
§23-5-12a. Appeal of Board Decisions to the Intermediate Court of Appeals; Procedure; Remand and Supplemental Hearing; Effective July 1, 2022 - (a) Any employer, employee, claimant, or dependent who shall feel...
§23-5-13. Continuances and Supplemental Hearings; Claims Not to Be Denied on Technicalities; Effective Until June 30, 2022 - (a) It is the policy of this chapter that the...
§23-5-13a. Continuances and Supplemental Hearings; Claims Not to Be Denied on Technicalities; Effective July 1, 2022 - (a) It is the policy of this chapter that the...
§23-5-14. Disqualification of Board Members - In any appeal wherein a board member is a party,...
§23-5-15. Appeals From Final Decisions of Board to Supreme Court of Appeals of West Virginia Prior to July 1, 2022; Procedure; Costs - (a) As provided in 23-5-8b of this code, the provisions...
§23-5-16. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees; Effective Until June 30, 2022 - (a) An attorneys fee in excess of 20 percent of...
§23-5-16a. Fees of Attorney for Claimant; Unlawful Charging or Receiving of Attorney Fees - (a) An attorneys fee in excess of 20 percent of...
Article 5A. Discriminatory Practices
§23-5A-1. Discriminatory Practices Prohibited - No employer shall discriminate in any manner against any of...
§23-5A-2. Discriminatory Practices Prohibited -- Medical Insurance - Any employer who has provided any type of medical insurance...
§23-5A-3. Termination of Injured Employee Prohibited; Reemployment of Injured Employees - (a) It shall be a discriminatory practice within the meaning...
§23-5A-4. State Employees to Accrue Increment Pay During Absence Due to Work-Related Injuries; Legislative Rules - (a) All employees of the State of West Virginia shall...
Article 6. Severability; Legislative Intent; Operative Date
§23-6-1. Severability - If any provision of this chapter or the application thereof...
§23-6-2. Legislative Intent - It is the intent of the Legislature in enacting the...
§23-6-3. Operative Date for Particular Enactment - The amendments to this chapter effected by the enactment of...