§ 23-1-11 — Depositions; investigations

West Virginia § 23-1-11

• Jurisdiction: West Virginia
• Ch. 23: WORKERS' COMPENSATION
• Art. 1: GENERAL ADMINISTRATIVE PROVISIONS

Text

(a) In an investigation into any matter arising under this chapter, the Insurance Commissioner may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in the circuit court, but the depositions shall be upon reasonable notice to claimant and employer or other affected persons or their respective attorneys.

(b) The Insurance Commissioner also has discretion to accept and consider depositions taken within or without the state by either the claimant or employer or other affected person, provided due and reasonable notice of the taking of the depositions was given to the other parties or their attorneys, if any:Provided, That the Insurance Commissioner, upon due notice to the parties, has authority to refuse or permit the taking of depositions or to reject the depositions after they are taken, if they were taken at a place or under circumstances which imposed an undue burden or hardship upon the other parties. The Insurance Commissioner’s discretion to accept, refuse to approve or reject the depositions is binding in the absence of abuse of the discretion.

Legislative History

2022 Reg. Sess., HB4296; 2022 Reg. Sess., SB1004; 2022 Reg. Sess., SB2013; 1995 Reg. Sess., SB250; 1993 Reg. Sess., HB2802; 1939 Reg. Sess., HB157