23-5-1 Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing; effective until June 30, 2022
23-5-2 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
23-5-4 Application by employer for modification of award; objection to modification; hearing
23-5-5 Refusal of modification; notice; objection; effective until June 30, 2022
23-5-6 Time periods for objections and appeals; extensions; effective until June 30, 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
23-5-9 Hearings on objections to Insurance Commissioner; private carrier or self-insured employer decisions; mediation; remand; effective until June 30, 2022
23-5-10 Appeal from administrative law judge decision to appeal board; effective until June 30, 2022
23-5-11 Workers’ Compensation Board of Review generally; administrative powers and duties of the board; effective until June 30, 2022
23-5-12 Appeal to board; procedure; remand and supplemental hearing; effective until June 30, 2022
23-5-13 Continuances and supplemental hearings; claims not to be denied on technicalities; effective until June 30, 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
23-5-10a Appeal from a Workers’ Compensation Board of Review decision to the Intermediate Court of Appeals; effective July 1, 2022
23-5-11a Workers’ Compensation Board of Review generally; administrative powers and duties of the board; effective July 1, 2022
23-5-12a Appeal of board decisions to the Intermediate Court of Appeals; procedure; remand and supplemental hearing; effective July 1, 2022
23-5-13a Continuances and supplemental hearings; claims not to be denied on technicalities; effective July 1, 2022
23-5-16a Fees of attorney for claimant; unlawful charging or receiving of attorney fees
23-5-1a Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing; effective July 1, 2022
23-5-3a Refusal to reopen claim; notice; objection; effective July 1, 2022
23-5-5a Refusal of modification; notice; objection; effective July 1, 2022
23-5-6a Time periods for objections and appeals; extensions; effective July 1, 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
23-5-9a Hearings on objections to Insurance Commissioner; private carrier, or self-insured employer decisions; mediation; remand; effective July 1, 2022
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Terms Used In West Virginia Code > Chapter 23 > Article 5 - Review

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Dependent: as used in this chapter , means a widow, widower, child under eighteen years of age, or under twenty-five years of age when a full-time student as provided in this section, invalid child or posthumous child, who, at the time of the injury causing death, is dependent, in whole or in part, for his or her support upon the earnings of the employee, stepchild under eighteen years of age, or under twenty-five years of age when a full-time student as provided in this section, child under eighteen years of age legally adopted prior to the injury causing death, or under twenty-five years of age when a full-time student as provided in this section, father, mother, grandfather or grandmother, who, at the time of the injury causing death, is dependent, in whole or in part, for his or her support upon the earnings of the employee. See West Virginia Code 23-4-10
  • Dependent: A person dependent for support upon another.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Subpoena: A command to a witness to appear and give testimony.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.