West Virginia § 23-5-4 Application by employer for modification of award; objection to modification; hearing

West Virginia Statutes

§ 23-5-4 — Application by employer for modification of award; objection to modification; hearing

West Virginia § 23-5-4

Ch. 23WORKERS' COMPENSATION

Art. 5REVIEW

This text of West Virginia § 23-5-4 (Application by employer for modification of award; objection to modification; hearing) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 23-5-4 (2026).

Text

In any case in which an employer makes application in writing for a modification of any award previously made to an employee of the employer, the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall make a decision upon the application. If the application discloses cause for a further adjustment, the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall, after due notice to the employee, make the modifications or changes with respect to former findings or orders that are justified. Any party dissatisfied with any modification or change made or by the denial of an application for modification is, upon proper and timely objecti

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In any case in which an employer makes application in writing for a modification of any award previously made to an employee of the employer, the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall make a decision upon the application. If the application discloses cause for a further adjustment, the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, shall, after due notice to the employee, make the modifications or changes with respect to former findings or orders that are justified. Any party dissatisfied with any modification or change made or by the denial of an application for modification is, upon proper and timely objection, entitled to a hearing as provided in either §23-5-9 or §23-5-9a of this code.

Legislative History

2021 Reg. Sess., SB275; 2021 Reg. Sess., SB1004; 2021 Reg. Sess., SB2013; 1995 Reg. Sess., SB250; 1986 Reg. Sess., HB2179; 1945 Reg. Sess., SB183; 1935 Reg. Sess., HB160