West Virginia Code § 23-4-1b

Report of injuries by employers
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It is the duty of every employer to report to the commission, the successor to the commission
or another private carrier, whichever is applicable, every injury sustained by any person in
his or her employ. The report shall be on forms prescribed by the commission or the
Insurance Commissioner, whichever is applicable, and shall be made within five days of the
employer's receipt of the employee's notice of injury, required by section onee-a of this
article, or within five days after the employer has been notified by the commission or the
Insurance Commissioner, whichever is applicable, that a claim for benerfits has been filed on
account of such injury, whichever is sooner, and, notwithstanding any other provision of this
chapter to the contrary, the five-day period may not be extended by the commission the
successor to the commission, or another private carrier, whichever is applicable, but the
employer has the right to file a supplemental report at a latetr date. The employer's report of
injury shall include a statement as to whether or not, on the basis of the information
available, the employer disputes the compensability of the injury or objects to the payment of
temporary total disability benefits in connection with the injury. The statements by the
employer shall not prejudice the employer's right thereafter to contest the compensability of
the injury, or to object to any subsequent finding or award, in accordance with article five of
this chapter; but an employer's failure to make timely report of an injury as required in this
section, or statements in the report to the effect that the employer does not dispute the
compensability of the injury or object to the payment of temporary total disability benefits
for the injury, shall be considered to be a waiver of the employer's right to object to any
interim payment of temporarye total disability benefits paid by the commission, the successor
to the commission, or another private carrier with respect to any period from the date of
injury to the date of recLeipt of any objection made to the interim payments by the employer.

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