Author Archives: H. Toney Stroud and James W. Heslep

REVIEWING WORKERS COMPENSATION DISABILITY CLAIMS IN WEST VIRGINIA: WE HOLD THESE TRUTHS TO BE SELF-EVIDENT, THAT ALL INSURERS ARE CREATED EQUAL

Following significant reforms to West Virginia’s workers’ compensation system in 2003 and 2005, insured employers benefitted from statutory changes that granted them the right to review claims in which awards of permanent total disability benefits had been made.  This review process allowed insured employers to determine if workers who had been granted such awards previously remained qualified recipients of the benefits.  This grant of authority from the legislature remained relatively unused since the revisions to the Workers’ Compensation Act because of a lack of interpretation from the Supreme Court of Appeals.  A decision entered just this week, however, is likely to change that lack of use.

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