W. Va. Code R. § 102-1-21

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 102-1-21 - Petition for Award of Claimant's Attorney Fees and Costs pursuant to W. Va. Code Section 23-5-16a(c)

21.1. Scope. W. Va. Code § 23-5-16a(c) provides for an award of attorney fees and costs to the claimant's counsel after a final decision in which the claimant successfully prevails in a proceeding relating to a denial of medical benefits.

21.2. Initiation of process. If the Board's decision granting medical benefits is not appealed, then the claimant's counsel may submit a "Petition for Award of Claimant's Attorney Fees and Costs" within thirty (30) days following the expiration of the appeal period. Claimant's counsel shall serve copies of the Petition on the claimant, employer, claim administrator, and employer's counsel. Employer's counsel may submit a Response to the Petition within ten (10) days of receipt of the Petition.

21.3. Decision. The Board of Review will consider the Petition and the Response, if any is timely submitted, and will enter an order within thirty (30) days of receipt of the Petition.

W. Va. Code R. § 102-1-21