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CHARLESTON, W.Va. (WV News) — Chief Justice Tim Armstead on Wednesday issued a dissenting opinion to a ruling by his fellow justices that made a major change in workers compensation
CHARLESTON, W.Va. (WV News) — The West Virginia Supreme Court has overturned the fledgling Intermediate Court of Appeals for the first time, and clarified workers compensation law in the process.
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The 2021 West Virginia Legislative Session produced a major change for West Virginia workers’ compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Specifically, Senate Bill 275 was enacted and creates an Intermediate Court of Appeals for West Virginia. It also eliminates the Workers’ Compensation Office of Judges (“OOJ”) and establishes the West Virginia Workers’ Compensation Board of Review (“BOR”) as the initial reviewing body for objections to decisions made by insurers regarding workers’ compensation claims.
After June 30, 2022, the OOJ will be eliminated and, effective July 1, 2022, all powers and duties of the OOJ will be transferred to the BOR. (W. Va. Code § 23-1-1h). After this date, all objections to decisions of the Insurance Commissioner, private carrier, or self-insured employer, must be filed with the BOR instead of the OOJ. The BOR will have exclusive jurisdict