W. Va. Code R. § 102-1-22

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

Section 102-1-22 - Stays

22.1. Scope. Pursuant to W. Va. Code § 23-5-9a(g) and W. Va. Code of State Rules § 85-1-18, the Board of Review's decisions are final, and benefits shall be paid or denied in accordance with the decision unless an order staying the payment of benefits is entered by the Board of Review or an appellate court. The responsible party may move for stay of any order entered by the Board of Review for the payment of indemnity benefits, or which will necessarily require or result in the payment of such benefits, including, but not limited to, an order which finds a claim to be compensable, by filing a motion with either the Board of Review or the appellate court. A stay with respect to any medical, rehabilitation, or permanent total disability benefits may not be granted.

22.2. Initiation of process with Board of Review. If the responsible party files a motion for stay with the Board of Review, the motion must be filed within ten (10) days of the date of entry of the Board of Review's underlying order. Any motion that is not timely filed shall be dismissed with prejudice. The motion must include the following minimum content: a statement of the reasons the stay is being sought, and a statement of the grounds for the appeal of the underlying order. Failure to include the minimum content is grounds for summary denial of the motion. The claimant may file a response to the motion within ten (10) days of the date on which the motion was filed. The Board of Review shall enter an order granting or denying the motion within ten (10) days from the end of the response period.

22.3. Limitations in any order granting a motion for stay. Any order granting a motion for stay shall expressly limit the stay to temporary total or permanent partial indemnity benefits to be paid in the claim as a result of the underlying order. Any order granting a motion for stay shall expressly limit the duration of the stay to the expiration of the jurisdictional time limit for the filing of an appeal of the underlying order, or to the entry of a decision by the appellate court if an appeal is filed. If the appellate court enters a decision remanding a case to the Board of Review for further proceedings, any stay granted by the Board of Review or appellate court shall remain in effect until the Board of Review enters a new order on the issue which was remanded, at which time the stay will be lifted.

W. Va. Code R. § 102-1-22