West Virginia § 23-5-3 Refusal to reopen claim; notice; objection; effective until June 30, 2022

West Virginia Statutes

§ 23-5-3 — Refusal to reopen claim; notice; objection; effective until June 30, 2022

West Virginia § 23-5-3

Ch. 23WORKERS' COMPENSATION

Art. 5REVIEW

This text of West Virginia § 23-5-3 (Refusal to reopen claim; notice; objection; effective until June 30, 2022) 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 § 23-5-3 (2026).

Text

(a)If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under §23-2-1et seq. of this code fails to disclose a progression or aggravation in the claimant’s condition, or some other fact or facts which were not previously considered in its former findings and which would entitle the claimant to greater benefits than the claimant has already received, the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, shall, within a reasonable time, notify the claimant and the employer that the application fails to establish a prima facie cause for reopening the claim. The notice shall be in writing stating the reasons for denial and the time allowed fo

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(a) If it appears to the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, that an application filed under §23-2-1et seq. of this code fails to disclose a progression or aggravation in the claimant’s condition, or some other fact or facts which were not previously considered in its former findings and which would entitle the claimant to greater benefits than the claimant has already received, the Insurance Commissioner, private insurance carriers, and self-insured employers, whichever is applicable, shall, within a reasonable time, notify the claimant and the employer that the application fails to establish a prima facie cause for reopening the claim. The notice shall be in writing stating the reasons for denial and the time allowed for objection to the decision of the commission. The claimant may, within 60 days after receipt of the notice, object in writing to the finding. Unless the objection is filed within the 60-day period, no objection shall be allowed. This time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt of an objection, the Office of Judges shall afford the claimant an evidentiary hearing as provided in §23-9-1et seq. of this code.

(b) This section is of no force and effect after June 30, 2022.

Legislative History

2021 Reg. Sess., SB275; 2020 Reg. Sess., SB275; 2009 Reg. Sess., SB537; 2009 Reg. Sess., SB1004; 2009 Reg. Sess., SB2013; 1995 Reg. Sess., SB250; 1991 Reg. Sess., SB187; 1991 Reg. Sess., HB213; 1986 Reg. Sess., HB2179; 1953 Reg. Sess., HB272; 1945 Reg. Sess., SB183; 1939 Reg. Sess., HB157; 1935 Reg. Sess., HB160