If any provision of this rule or the application thereof to any entity or circumstances shall be held invalid, such invalidity shall not effect the provisions or the applications of this rule which can be given affect without the invalid provisions or applications and to this end the provision of this rule are declared to be severable.
Commentary
The time frames set forth herein recognize that there are different types of issues in Workers' Compensation litigation. Because of the nature of the issues and the complexity of the issues, it is appropriate to process certain issues more rapidly than others. For example, for obvious reasons, treatment issues should be resolved as rapidly as possible. Reopening issues, because they typically do not involve the necessity of additional evidentiary development, may be concluded expeditiously. On the other hand, permanent disability issues usually involve evidence from medical and other professional disciplines and more time is needed to properly develop those cases.
The rules attempt to balance the need for prompt resolution of disputes and the ability of the parties to appropriately develop the evidence needed for a reasoned decision. In addition the rules take into account the administrative time necessary to process and decide the protests. The vast majority of protests can be acknowledged and time framed within 30 days from receipt of the protest. After evidentiary development is completed, the Office of Judges must determine that the case is ready for decision and abstract the issues. The case is then ready for the decision making and the decision writing process. These activities ordinarily require 60 to 90 days after completion of the evidence by all parties.
W. Va. Code R. § 93-2-8