W. Va. Code R. § 102-1-9 - Expedited Hearings

9.1. Expedited issues. In compliance with the provisions of W. Va. Code § 23-4-1c(a)(3), 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 if 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 claim, denying temporary total disability benefits, or denying medical authorization, the Board of Review shall provide to the claimant an expedited hearing as defined in this Rule.

9.2. Election of expedited hearing process. The claimant must notify, in writing, the Board of Review and all parties of intent to proceed with the expedited hearing process. Notice of the election to proceed with the expedited hearing process must be received no later than fifteen (15) days after the date the protest was acknowledged by the Board of Review. The claimant's notice must specify whether the claimant requests that a hearing be scheduled, requests an opportunity to offer written evidence or argument, or both. If the claimant requests that a hearing be scheduled, the claimant must show good cause to support the request, including but not limited to, identifying with specificity the testimony or evidence that the claimant intends to present at the hearing. If the claimant elects to proceed with the expedited hearing process but does not request that a hearing be scheduled, the other party may submit a request for a hearing within ten (10) days of receipt of the claimant's election. If the other party requests a hearing, that party must show good cause to support the request, including but not limited to, identifying with specificity the testimony and evidence it intends to present at the hearing.

9.3. Time limit for filing evidence in expedited process when neither party requests that a hearing be scheduled. If neither party requests that a hearing be scheduled, the Board of Review will modify the Time Frame Order to require that all evidence be submitted within 45 days from receipt of the claimant's election of the expedited hearing process.

9.4. Expedited process when a party requests that a hearing be scheduled

9.4.1. If a party requests that a hearing be scheduled and good cause has been established for the request, the Board of Review will issue a notice of hearing and amended Time Frame Order. The date of the hearing will be at least fourteen (14) days after the date of the Board of Review's notice of hearing. The Time Frame Order will expire on the date of the hearing. However, other than testimony that may be presented during the expedited hearing, all evidence must be exchanged by the parties and received by the Board of Review no later than one business day prior to the expedited hearing. The Board of Review has discretion to waive this requirement.

9.4.2. Hearings in the expedited process will be scheduled to last no longer than sixty (60) minutes, divided at thirty (30) minutes per side including rebuttal. If the docket schedule permits, the hearing length may be extended at the discretion of the Board of Review. If the parties anticipate requiring more lengthy testimony, then the parties should obtain that testimony at a deposition prior to the expedited hearing.

9.4.3. The parties are not required to appear at the expedited hearing, unless subpoenaed, and may submit any arguments or evidence in writing prior to the hearing date.

9.5. Extensions/continuances. Time Frame Orders and scheduled hearings may be extended/continued by agreement of the parties with the consent of the Board of Review, or upon a showing of good cause, or within the discretion of the Board of Review.

9.6. Expedited decisions. The Board of Review will issue a decision within thirty (30) days of the date of the expiration of the Time Frame Order or, if a hearing was scheduled, within thirty (30) days of the date of the hearing, unless the Board of Review notifies the parties that additional time is needed to issue the decision.

9.7. Exceptions. The expedited hearing process shall not be available for occupational pneumoconiosis claims or hearing loss claims or complex issues, unless the Board of Review determines that expedited adjudication is necessary for the issue involved.

9.8. Failure to prosecute in expedited hearing process. In protests in which no evidence has been introduced or no argument in lieu of evidence has been filed by the claimant, by the hearing date or at the expiration of the time frame, the provisions of the section on "Failure to Prosecute Protest" shall apply.

Notes

W. Va. Code R. § 102-1-9