Presenting Your Workers' Compensation Claim to the Board Of Review

TIPS, HELP, AND POINTERS

YOU MUST SUBMIT EVIDENCE OR ARGUMENT TO THE BOARD OF REVIEW OR YOU WILL LOSE.

Evidence already submitted to the claims adjustor will not win your case before us.  You must submit evidence, or written argument, or your protest will be dismissed by Rule. 

If you have already submitted evidence to the claims adjustor, and you believe that evidence is enough to win, then you must write to us and tell us what evidence you have submitted and why you should win. The evidence needs to be sent to BOR as we don't have access to documents submitted to the claims adjustor.

YOU HAVE A DEADLINE TO SUBMIT ALL EVIDENCE OR ARGUMENTS.

The time limit to submit evidence or argument to us is given to you in the document called “ACKNOWLEDGEMENT OF PROTEST AND AUTOMATIC TIME FRAME ORDER”.  Evidence or argument submitted to us after that deadline WILL NOT BE CONSIDERED in our decision.

If you cannot submit your evidence to us before the end of the Time Frame, then you can ask for more time.  You must write to us at least ten (10) days before the Time Frame ends and tell us why you need more time, and how much time you need.

COPIES OF ALL EVIDENCE FILED MUST BE SENT TO THE OTHER PARTIES.

There are always two, and sometimes three, interested parties to any protest:

			The injured worker (called claimant)
			The employer (or employers)
			The Offices of the Insurance Commissioner (for Old Fund, Uninsured Fund, and other State Fund claims)

We will not accept evidence filed with us unless it is shown that a copy was sent to the other parties (or their attorney).

The mailing address for the Offices of the Insurance Commissioner, if not represented by an attorney, for evidence copies, is the same as the claim administrator.

YOU WILL NEVER GO TO COURT.

Unlike some other areas of the law, there are no juries and no court appearances.

IF YOU ARE AN INCORPORATED EMPLOYER, THEN YOU MUST BE REPRESENTED BY AN ATTORNEY. EVERYONE ELSE CAN HAVE AN ATTORNEY, OR NOT, AS THEY WISH.

This is a rule set by the State Supreme Court and the WV State Bar Association, not by the Board Of Review.

Several different orders of the Commission or self-insured employer may be pending before us at the same time.  Evidence submitted for one protest does not automatically get considered in all protests.  Make sure that you identify each protest in which you want your evidence considered.  Use the DOCUMENT SUBMISSION FORM, found in the “Forms” section of this website, to help us know for which protest the evidence is intended.

AFTER THE TIME FOR FILING ALL EVIDENCE IS OVER, THEN WE WILL DECIDE THE PROTEST.

At the end of the time frame, we will issue a notice that contains a list of all the evidence received.  If there is any mistake in that list, you must immediately call us and let us know of the error.

Our rule requires us to issue our final decision within ninety (90) days of the Order Submitting Protest.  We decide about 60% of all protests within thirty (30) days, 90% within sixty (60) days, and the rest within ninety (90) days.

IF YOU LOSE, YOU MAY APPEAL OUR DECISION TO THE WEST VIRGINIA INTERMEDIATE COURT OF APPEALS.

Please contact the WVICA at (304) 558-3258 for instructions on how to file an appeal.

You may NOT submit new evidence to the WVICA so make sure you get all your evidence to us within the time limits.

IF YOU HAVE QUESTIONS ABOUT OUR PROCESSES, CALL US AT 304-558-5230

If you have legal questions and you are represented by an attorney, you should ask your attorney for the answers.

     PLEASE LOOK AT THE "FREQUENTLY ASKED QUESTIONS" SECTION OF THIS WEBSITE FOR MORE INFORMATION.