2019 Analysis of Workers' Compensation Laws - 108
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction
Administration
Washington
Department
of Labor and
Industries
West
Virginia
Insurance
Commissioner
Notice to
Employer
108 | 2019 Analysis of Workers' Compensation Laws
Claim Filing
How Claims Are Settled
Award Effect
Review by Agency
Modifications
Attorney's Fees
Immediately
Within one year
from date of
injury or death
(two years for
occupational
diseases).
By Department of Labor and
Industries.38
Fund or self-insurer
pays award.
By Board of Industrial
Insurance Appeals within 60
days of affected party's (or
parties') receipt of decision.
Agency may reassume
jurisdiction from board for
reconsideration and further
appealable decision.
For full benefits, limited
benefits on application
after seven years (10
years for vision)
Maximum fees
established by
statute-30% of
increased award
Immediately
Injury-within
six months of
injury. Death-
within six
months of death.
OP-within
three years of
last exposure or
after a diagnosed
impairment
due to OP was
made known to
the employee
by a physician.
Death-within
two years of
death. OD-
within three
years of last
exposure, the
date the OD was
made known to
the employee by
a physician, or
the employee's
reasonable
knowledge of
the OD. Death-
within one year
of death.
By private insurance carriers
and claimants and can only
be overturned if deemed
unconscionable by Insurance
Commissioner.
Private carrier or
self-insured employer
begins payment of
permanent partial
awards within 15
working days of the
decision granting the
award.
All decisions from the
Workers' Compensation
Office of Judges, Workers'
Compensation Board of
Review or the West Virginia
Supreme Court of Appeals
must be complied with within
30 days after the date of
receipt, unless the order
directs action sooner or there
is a lawfully ordered stay.
By a private carrier
within five years of
written application or
within two years of
date of death
Limited to 20% of
indemnity benefits paid
during a period of 208
weeks. However, on a
final settlement, may
charge 20% of the total
value of the medical
and indemnity benefits;
provided this fee, when
combined with any
other fee received by
the attorney for PP or
PT benefits, may not
exceed 20% of the
award of benefits to
be received during a
period of 208 weeks. In
addition, an award of
attorney's fees and costs
to workers' compensation
claimants against private
carriers and self-insured
employers can be
made-$500 per litigated
medical issue, up to
$2,500 per claim-for
a reversal of a denial of
authorization for medical
benefits. The statute caps
the hourly rate at $125.
2019 Analysis of Workers' Compensation Laws
Table of Contents for the Digital Edition of 2019 Analysis of Workers' Compensation Laws
Foreword
Introduction
Part 1—Coverage of Laws: Discussion
Chart I—Type of Law and Insurance Requirements
Chart II—Coverage of Laws
Chart III—Coverage of Minors
Chart IV—Coverage of Occupational Diseases
Chart V—Occupational Hearing Loss
Part 2—Benefits Provided: Discussion
Chart VI—Income Benefits for Total Disability
Chart VII—Income Benefits ($) for Scheduled Injuries
Chart VIII—Fatalities: Income Benefits for Spouses and Children
Chart IX—Waiting Period for Income/Medical Benefits
Chart X—Rehabilitation of Disabled Workers
Part 3—Administration of Laws: Discussion
Chart XI—Administration: Notice to Employer and Claims
Chart XII—Employer’s Report of Accidents
Chart XIII—Second Injury Funds
Chart XIV—Administration Expenses: Workers’ Compensation Departments
Chart XV—Appeal Provisions
Chart XVI—Directory of Administrators
Abbreviations and Computations
2019 Analysis of Workers' Compensation Laws - Cover
2019 Analysis of Workers' Compensation Laws - Cover2
2019 Analysis of Workers' Compensation Laws - 1
2019 Analysis of Workers' Compensation Laws - 2
2019 Analysis of Workers' Compensation Laws - 3
2019 Analysis of Workers' Compensation Laws - Foreword
2019 Analysis of Workers' Compensation Laws - Introduction
2019 Analysis of Workers' Compensation Laws - 6
2019 Analysis of Workers' Compensation Laws - Part 1—Coverage of Laws: Discussion
2019 Analysis of Workers' Compensation Laws - 8
2019 Analysis of Workers' Compensation Laws - 9
2019 Analysis of Workers' Compensation Laws - Chart I—Type of Law and Insurance Requirements
2019 Analysis of Workers' Compensation Laws - 11
2019 Analysis of Workers' Compensation Laws - 12
2019 Analysis of Workers' Compensation Laws - 13
2019 Analysis of Workers' Compensation Laws - 14
2019 Analysis of Workers' Compensation Laws - Chart II—Coverage of Laws
2019 Analysis of Workers' Compensation Laws - 16
2019 Analysis of Workers' Compensation Laws - 17
2019 Analysis of Workers' Compensation Laws - 18
2019 Analysis of Workers' Compensation Laws - 19
2019 Analysis of Workers' Compensation Laws - 20
2019 Analysis of Workers' Compensation Laws - 21
2019 Analysis of Workers' Compensation Laws - 22
2019 Analysis of Workers' Compensation Laws - 23
2019 Analysis of Workers' Compensation Laws - 24
2019 Analysis of Workers' Compensation Laws - 25
2019 Analysis of Workers' Compensation Laws - 26
2019 Analysis of Workers' Compensation Laws - Chart III—Coverage of Minors
2019 Analysis of Workers' Compensation Laws - 28
2019 Analysis of Workers' Compensation Laws - 29
2019 Analysis of Workers' Compensation Laws - Chart IV—Coverage of Occupational Diseases
2019 Analysis of Workers' Compensation Laws - 31
2019 Analysis of Workers' Compensation Laws - 32
2019 Analysis of Workers' Compensation Laws - 33
2019 Analysis of Workers' Compensation Laws - 34
2019 Analysis of Workers' Compensation Laws - 35
2019 Analysis of Workers' Compensation Laws - 36
2019 Analysis of Workers' Compensation Laws - 37
2019 Analysis of Workers' Compensation Laws - 38
2019 Analysis of Workers' Compensation Laws - 39
2019 Analysis of Workers' Compensation Laws - 40
2019 Analysis of Workers' Compensation Laws - 41
2019 Analysis of Workers' Compensation Laws - Chart V—Occupational Hearing Loss
2019 Analysis of Workers' Compensation Laws - 43
2019 Analysis of Workers' Compensation Laws - 44
2019 Analysis of Workers' Compensation Laws - 45
2019 Analysis of Workers' Compensation Laws - 46
2019 Analysis of Workers' Compensation Laws - 47
2019 Analysis of Workers' Compensation Laws - 48
2019 Analysis of Workers' Compensation Laws - Part 2—Benefits Provided: Discussion
2019 Analysis of Workers' Compensation Laws - 50
2019 Analysis of Workers' Compensation Laws - Chart VI—Income Benefits for Total Disability
2019 Analysis of Workers' Compensation Laws - 52
2019 Analysis of Workers' Compensation Laws - 53
2019 Analysis of Workers' Compensation Laws - 54
2019 Analysis of Workers' Compensation Laws - 55
2019 Analysis of Workers' Compensation Laws - 56
2019 Analysis of Workers' Compensation Laws - 57
2019 Analysis of Workers' Compensation Laws - 58
2019 Analysis of Workers' Compensation Laws - 59
2019 Analysis of Workers' Compensation Laws - 60
2019 Analysis of Workers' Compensation Laws - 61
2019 Analysis of Workers' Compensation Laws - 62
2019 Analysis of Workers' Compensation Laws - Chart VII—Income Benefits ($) for Scheduled Injuries
2019 Analysis of Workers' Compensation Laws - 64
2019 Analysis of Workers' Compensation Laws - 65
2019 Analysis of Workers' Compensation Laws - 66
2019 Analysis of Workers' Compensation Laws - 67
2019 Analysis of Workers' Compensation Laws - Chart VIII—Fatalities: Income Benefits for Spouses and Children
2019 Analysis of Workers' Compensation Laws - 69
2019 Analysis of Workers' Compensation Laws - 70
2019 Analysis of Workers' Compensation Laws - 71
2019 Analysis of Workers' Compensation Laws - 72
2019 Analysis of Workers' Compensation Laws - 73
2019 Analysis of Workers' Compensation Laws - 74
2019 Analysis of Workers' Compensation Laws - 75
2019 Analysis of Workers' Compensation Laws - 76
2019 Analysis of Workers' Compensation Laws - 77
2019 Analysis of Workers' Compensation Laws - 78
2019 Analysis of Workers' Compensation Laws - Chart IX—Waiting Period for Income/Medical Benefits
2019 Analysis of Workers' Compensation Laws - 80
2019 Analysis of Workers' Compensation Laws - 81
2019 Analysis of Workers' Compensation Laws - 82
2019 Analysis of Workers' Compensation Laws - 83
2019 Analysis of Workers' Compensation Laws - 84
2019 Analysis of Workers' Compensation Laws - 85
2019 Analysis of Workers' Compensation Laws - 86
2019 Analysis of Workers' Compensation Laws - 87
2019 Analysis of Workers' Compensation Laws - Chart X—Rehabilitation of Disabled Workers
2019 Analysis of Workers' Compensation Laws - 89
2019 Analysis of Workers' Compensation Laws - 90
2019 Analysis of Workers' Compensation Laws - 91
2019 Analysis of Workers' Compensation Laws - 92
2019 Analysis of Workers' Compensation Laws - Part 3—Administration of Laws: Discussion
2019 Analysis of Workers' Compensation Laws - 94
2019 Analysis of Workers' Compensation Laws - Chart XI—Administration: Notice to Employer and Claims
2019 Analysis of Workers' Compensation Laws - 96
2019 Analysis of Workers' Compensation Laws - 97
2019 Analysis of Workers' Compensation Laws - 98
2019 Analysis of Workers' Compensation Laws - 99
2019 Analysis of Workers' Compensation Laws - 100
2019 Analysis of Workers' Compensation Laws - 101
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2019 Analysis of Workers' Compensation Laws - 108
2019 Analysis of Workers' Compensation Laws - 109
2019 Analysis of Workers' Compensation Laws - 110
2019 Analysis of Workers' Compensation Laws - 111
2019 Analysis of Workers' Compensation Laws - 112
2019 Analysis of Workers' Compensation Laws - 113
2019 Analysis of Workers' Compensation Laws - Chart XII—Employer’s Report of Accidents
2019 Analysis of Workers' Compensation Laws - 115
2019 Analysis of Workers' Compensation Laws - 116
2019 Analysis of Workers' Compensation Laws - 117
2019 Analysis of Workers' Compensation Laws - 118
2019 Analysis of Workers' Compensation Laws - Chart XIII—Second Injury Funds
2019 Analysis of Workers' Compensation Laws - 120
2019 Analysis of Workers' Compensation Laws - 121
2019 Analysis of Workers' Compensation Laws - 122
2019 Analysis of Workers' Compensation Laws - 123
2019 Analysis of Workers' Compensation Laws - 124
2019 Analysis of Workers' Compensation Laws - 125
2019 Analysis of Workers' Compensation Laws - 126
2019 Analysis of Workers' Compensation Laws - 127
2019 Analysis of Workers' Compensation Laws - Chart XIV—Administration Expenses: Workers’ Compensation Departments
2019 Analysis of Workers' Compensation Laws - 129
2019 Analysis of Workers' Compensation Laws - 130
2019 Analysis of Workers' Compensation Laws - 131
2019 Analysis of Workers' Compensation Laws - 132
2019 Analysis of Workers' Compensation Laws - Chart XV—Appeal Provisions
2019 Analysis of Workers' Compensation Laws - 134
2019 Analysis of Workers' Compensation Laws - 135
2019 Analysis of Workers' Compensation Laws - 136
2019 Analysis of Workers' Compensation Laws - 137
2019 Analysis of Workers' Compensation Laws - 138
2019 Analysis of Workers' Compensation Laws - Chart XVI—Directory of Administrators
2019 Analysis of Workers' Compensation Laws - 140
2019 Analysis of Workers' Compensation Laws - 141
2019 Analysis of Workers' Compensation Laws - 142
2019 Analysis of Workers' Compensation Laws - 143
2019 Analysis of Workers' Compensation Laws - Abbreviations and Computations
2019 Analysis of Workers' Compensation Laws - BackCover
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