Who Can Appeal?

REPRESENTING YOURSELF BEFORE THE
WORKERS' COMPENSATION BOARD OF REVIEW

You may choose to represent yourself before the Workers' Compensation Board of Review. Don’t be alarmed when you hear the term “pro se”. It is a term taken from Latin, meaning you are representing yourself.

You must observe the Rules of Practice and Procedure. You are responsible for sending the attorney who represents the employer and the employer, as well as the Workers' Compensation Defense Unit, a copy of every document, including letters, you send to the Board.

You may not present any new evidence to this Board. This Board is a reviewing body, and does not entertain any new evidence. When you are notified the case is ready, you may choose to either submit your case on the existing record, or you may return the form requesting to present oral argument.

COMPANY/CORPORATION BEFORE THE
WORKERS' COMPENSATION BOARD OF REVIEW

The West Virginia Supreme Court of Appeals has held in the case of West Virginia State Bar v. Earley, 109 S.E.2d 420 (W.Va. 1959), that one who appears before an administrative agency and prepares notices of appeal to the Workers' Compensation Board of Review is engaged in the practice of law.

An unincorporated employer may appeal on its own behalf before the Workers' Compensation Board of Review, but a corporation must be represented by an attorney.

An unincorporated employer representing its own interest must observe the Rules of Practice and Procedure and is responsible for sending copies of any filed documents to each of the opposing parties, including letters, that are sent to the Board.

WORKERS' COMPENSATION DIVISION BEFORE THE
WORKERS' COMPENSATION BOARD OF REVIEW

The Insurance Commission may appeal to the Board of Review any final action by an Administrative Law Judge, pursuant to West Virginia Code § 23-5-12.