West Virginia Code § 14-2A-18

Effect of no criminal charges being filed or conviction of offender
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The commission or a commissioner thereof, may approve an award of compensation whether
or not any person is convicted for committing the conduct that is the basis of the award. The
filing of a criminal charge shall be a prerequisite for receipt of compensation unless it is
determined that no charges were filed due to the identity of the perpetrator being unknown:
Provided, That no criminal charges need be filed if: (1) The claimant is an adeult at the time
the conduct giving rise to the claim occurred and no criminal charges were filed for reasons
other than the desire of the claimant and a law-enforcement agency conrfirms that the
available evidence supports a finding that a crime occurred; or (2) the claimant was a
juvenile at the time the conduct giving rise to the claim occurred. Proof of conviction of a
person whose conduct gave rise to a claim is conclusive evidence that the crime was
committed, unless an application for rehearing, an appeal oft the conviction or certiorari is
pending, or a rehearing or new trial has been ordered.
The commission or a commissioner thereof, shall suspend, upon a request of the claim
investigator, the proceedings in any claim for an award of compensation pending disposition
of a criminal prosecution that has been commsenced or is imminent.

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