West Virginia Code § 36-8-16

Action to establish claim
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A person aggrieved by a decision of the administrator or whose claim has not been acted
upon within ninety days after its filing may maintain an original action to establish the claim
in the circuit court of Kanawha County, naming the administrator as a defendant. If the
aggrieved person establishes the claim in an action against the administrator, the court may
award the claimant reasonable attorney's fees. e

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