Current through Register Vol. XLI, No. 45, November 8, 2024
Section 85-1-9 - Special Rules for Non-Awarded Partial Benefits9.1. Non-awarded partial disability benefits pursuant to W. Va. Code § 23-4-7a are payable only if the preponderance of the evidence indicates that a permanent impairment exists.9.2. Non-awarded partial disability benefits are not payable in a claim that has been reopened only for temporary total disability benefits if a permanent partial disability award was previously made in the claim.9.3. Non-awarded partial disability benefits paid prior to entry of the permanent disability award are to be deducted from the permanent partial disability award when it is granted. If the non-awarded partial disability benefits exceed the amount of the award, the claimant is not entitled to any further benefits from the award. The excess is considered to be an overpayment and may be collected by the responsible party pxirsuant to section 12. of this rule.9.4. The responsible party may cease paying non-awarded partial disability benefits if the responsible party concludes that the amount of non-awarded partial disability benefits already paid will likely exceed the expected partial disability award and may, as soon as practicable thereafter, enter a permanent partial disability award based on the most current information available and the guidelines set forth in W. Va. Code St. R. § 85-20-1 et seq., if appHcable.9.5. If the claimant begins to receive rehabilitation benefits, non-awarded partial disability benefits shall not be paid until the rehabilitation process is completed.9.6. Non-awarded partial disability benefits shall be immediately suspended if the claimant fails, without good cause, to present for an examination or rating. If suspended with good cause, benefits can be reinstated, without back pay, once the claimant presents for the examination or rating.9.7. Non-awarded partial disability benefits are paid at the same rate as the permanent partial disability rate.