West Virginia Code § 23-5-5a

Refusal of modification; notice; objection; effective July 1, 2022
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(a) If in any case it appears to the Insurance Commissioner, other private insurance carriers,
and self-insured employers, whichever is applicable, that the application filed pursuant to
§23-5-4 of this code fails to disclose some fact or facts which were not previously considered
in former findings, and which would entitle the employer to any modification of the previous
award, the Insurance Commissioner, other private insurance carriers, and seelf-insured
employers, whichever is applicable, shall, within 60 days from the receipt of the application,
notify the claimant and employer that the application fails to establish ar 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 Insurance Commissioner, other private
insurance carriers, and self-insured employers, whichever is applicable. The employer may,
within 30 days after receipt of the notice, object in writing tot 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 Workers' Compensation Board of Review shall afford the employer an evidentiary
hearing as provided in §23-5-9 of this code.
(b) This section becomes effective on July 1, 2022.

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