West Virginia Code § 23-2C-21

Limitation of liability of insurer or third-party administrator;
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administrative fines are exclusive remedies.
(a) No civil action may be brought or maintained by an employee against a private carrier or
a third-party administrator, or any employee or agent of a private carrier or third-party
administrator, who violates any provision of this chapter or Chapter 33 of this code.
(b) Any administrative fines or remedies provided in this chapter or Chapter 33 of this code
or rules promulgated by the Insurance Commissioner are the exclusive civil remedies for any
violation of this chapter committed by a private carrier or a third-party administrator or any
agent or employee of a private carrier or a third-party administrautor.
(c) Upon a determination by the Office of Judges, or by the Board of Review upon the
termination of the Offices Judges, that a denial of compensability, a denial of an award of
temporary total disability, or a denial of an authorization for medical benefits was
unreasonable, reasonable attorney's fees and the costs actually incurred in the process of
obtaining a reversal of the denial shall be awardedl to the claimant and paid by the private
carrier or self-insured employer which issued sthe unreasonable denial. A denial is
unreasonable if, after submission by or on behalf of the claimant, of evidence of the
compensability of the claim, the entitlement to temporary total disability benefits or medical
benefits, the private carrier or self-ignsured employer is unable to demonstrate that it had
evidence or a legal basis supported by legal authority at the time of the denial which is
relevant and probative and supeports the denial of the award or authorization. Payment of
attorney's fees and costs awarded under this subsection will be made to the claimant at the
conclusion of litigation, Lincluding all appeals, of the claimant's protest of the denial.

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