The Commission, Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, shall not make payment to any impairment examiner whose reports, opinions, examinations, or evaluations are not conducted, performed, and composed in accordance with this Rule. In the event payment was made prior to a determination that the report, opinion, examination, or evaluation was not conducted, performed, or composed in accordance with this Rule, then the amount so paid shall be recovered from the examiner either by way of a direct repayment to the Commission, Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, or by way of an offset against any future sums that may be owed by the Commission, Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, to the examiner for any services rendered for or to the Commission, Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, or for or to an injured worker. A later submission or supplement to the report, which demonstrates compliance with these rules, shall serve to permit such payment.
W. Va. Code R. § 85-20-68