West Virginia Code 23-5-10a – Appeal from a Workers’ Compensation Board of Review decision to the Intermediate Court of Appeals; effective July 1, 2022
(a) The employer, claimant, Insurance Commissioner, other private insurance carriers, and self-insured employers, whichever is applicable, may appeal to the West Virginia Intermediate Court of Appeals, created by § 51-11-1 et seq. of this code, for a review of a decision by the Workers’ Compensation Board of Review. No appeal or review shall lie unless application is made within 30 days of receipt of notice of the Workers’ Compensation Board of Review’s final action or in any event within 60 days of the date of such final action, regardless of notice and, unless the application for appeal or review is filed within the time specified, no such appeal or review shall be allowed, such time limitation being hereby declared to be a condition of the right of such appeal or review and hence jurisdictional.
Terms Used In West Virginia Code 23-5-10a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) This section becomes effective on July 1, 2022.