On May 12, 2022, West Virginia Insurance Commissioner Allan McVey issued Insurance Bulletin No. 22-07 titled “Workers’ Compensation Claims Content of Written Decisions and Information for Claimants.” This Bulletin provides “updated and continued guidance from the West Virginia Offices of the Insurance Commissioner (OIC) relating to the content of written decisions issued in West Virginia workers’ compensation claims.” This Bulletin was issued in anticipation of the changes in workers’ compensation litigation that will take place on July 1, 2022. Those changes include the phasing out of the Office of Judges as the Board of Review takes over the adjudication of claims. The Bulletin states that “failure to follow this guidance may result in regulatory action and/or monetary penalty.”
The Bulletin provides that as of July 1, 2022, all written decisions and/or notices issued by insurance carriers, third-party administrators and/or self-insured employers must include the following information:
- All parties to a claim, including the claimant, the employer, and, if applicable, the Offices of the Insurance Commissioner.
- The complete name of the insurance carrier, third-party claims administrator, or self-insured employer issuing the written decision or notice and the mailing address for the insurance carrier or claims administrator.
- The Jurisdictional Claim Number or JCN.
- The date of injury or date of last exposure.
- The date the written decision or notice is being made or issued.
- The specific issue being decided in the written decision or notice.
- The decision that is being made on the specific issue being decided.
- The basis for the decision that is being made on the specific issue being decided.
- The time allowed for filing an objection to the decision.
The Commissioner made it clear that if this information is missing from any written decision and/or notices, the timeframe for filing a protest may be extended. This Bulletin also reiterates previous guidance that has been issued regarding written decisions and notices.
A copy of Insurance Bulletin No. 22-07 is attached.
If you have any questions about how this Bulletin may affect you, please feel free to contact one of the attorneys in our Charleston office at (304) 341-0500.