W. Va. Code R. § 102-1-4 - Purpose
4.1. The purpose of the litigation process
before the Board of Review is to receive and consider, as expeditiously and as
fairly as possible, evidence and information relevant to the determination of
the rights of the parties and to provide a review of claims management rulings
made by the claim administrator with regard to the grant or denial of any
award, or the entry of any order, or the grant or denial of any modification or
change with respect to former findings, orders or awards made pursuant to
Chapter 23 of the W. Va. Code.
4.2.
In regard to W. Va. Code §
23-4-1c(a)(3), the purpose of the litigation
process before the Board of Review is also to provide an expedited hearing
process to claimants when a private carrier or self-insured employer, whichever
is applicable, fails to timely issue a ruling upon any application or motion as
provided by law, or the claimant files a timely protest to the ruling of a
self-insured employer or private carrier or other issuing entity denying the
compensability of the clam, denying temporary total disability benefits, or
denying medical authorization.
Notes
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