Current through Register Vol. XLI, No. 41, October 11, 2024
Section 85-1-7 - Notice and Litigation7.1. In all workers' compensation claims, the parties shall be limited to: (1) the claimant or the claimant's dependants; (3), in claims involving funds created by article two-c, chapter twenty-three of the West Virginia Code, the Insurance Commissioner.7.2. Upon the making of any decision, the responsible party shall send all parties a written notice of the decision, setting forth the decision and the basis thereof, and informing the claimant or claimant's dependants of the right to protest the decision by filing a protest with the Office of Judges within sixty (60) days of the receipt of the decision.7.3. In claims in which there was insurance coverage on the date of injury or last exposure, the private carrier providing coverage has sole authority to act on behalf of the employer in the claim, including, but not limited to, the ability to make claims decisions, appoint counsel for defense of the claim and make determinations regarding litigation strategy. An insured employer generally may not independently protest a decision issued by its carrier. However, in order to place certain issues into litigation, the employer's right to protest a decision issued by its carrier exists in the following limited circumstances: 7.3.a. Decisions incorporating findings made by the Occupational Pneumoconiosis Board; and7.3.b. Decisions entered pursuant to W. Va. Code § 23-4-7a(c)(l). In the circumstances set forth in subdivisions a. and b. of this subsection, the employer's protest shall be subject to the carrier's sole authority to act on the employer's behalf in the litigation of the claim.