West Virginia Code § 23-5-5

Refusal of modification; notice; objection; effective until June 30, 2022
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(a) If in any case it appears to the commission, the successor to the commission, other
private insurance carriers, and self-insured employers, whichever is applicable, that the
application filed pursuant to §23-4-1 et seq. of this code fails to disclose some fact or facts
which were not previously considered by the commission in its former findings, and which
would entitle the employer to any modification of the previous award, the coemmission, the
successor to the commission, other private insurance carriers, and self-insured employers,
whichever is applicable, shall, within 60 days from the receipt of the aprplication, notify the
claimant and employer that the application fails to establish a just cause for modification of
the award. The notice shall be in writing stating the reasons for denial and the time allowed
for objection to the decision of the commission, the successor to the commission, other
private insurance carriers, and self-insured employers, whicthever is applicable. The
employer may, within 30 days after receipt of the notice, object in writing to the decision.
Unless the objection is filed within the 30-day period, no objection shall be allowed. This
time limitation is a condition of the right to objection and hence jurisdictional. Upon receipt
of the objection, the Office of Judges shall afford the employer an evidentiary hearing as
provided in §23-9-1 et seq. of this code.
(b) This section is of no force and effect after June 30, 2022.

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