West Virginia Workers’ Compensation Changes Effective July 1, 2022

On July 1, 2022, the new Intermediate Court of Appeals will begin its work in West Virginia.  Changes to the Board of Review and Office of Judges are occurring, as well.  The Office of Judges is being phased out and will be completely non-operational by October 1, 2022.  The Board of Review is transitioning from an appellate body to a role that assumes the duties of the Office of Judges.

Therefore, as of July 1, 2022, all protestable orders need to contain the following language:

  • The claimant may object to this decision within sixty (60) days from the date of receipt of this decision or notice.  The claimant must send a written objection, along with a copy of this decision to the Workers’ Compensation Board of Review, P.O. Box 2628, Charleston, WV  25329-2628, and must serve a copy of the objection upon all parties to the claim.

Any documents filed with the Office of Judges and/or Board of Review must contain the JCN and should be mailed to:

  • Workers’ Compensation Board of Review
  • P.O. Box 2628
  • Charleston, WV  25329-2628

The documents can be emailed to oicwcborfiling@wv.gov.  If you file a document via email, a confirmation of the receipt of the document should be sent in response. If you do not receive confirmation that the document was received, it will not be considered filed by the Board of Review.

In addition, the Benefit Rates for Fiscal Year 2023 are now available.  The maximum temporary total disability rate for injuries that occur after July 1, 2022, is $957.40.  The maximum permanent partial disability rate is $671.08.  The complete rate chart is available on the West Virginia Office of Insurance website:  https://www.wvinsurance.gov/Workers-Compensation

Finally, the IRS has increased the mileage rate to 62.5 cents per mile as of July 1, 2022.  All requests for mileage reimbursement for travel that occurs after July 1, 2022 should be paid at the new rate.

If you have any questions about the new Board of Review and/or the Intermediate Court of Appeals, please feel free to contact one of the attorneys in our Charleston office at (304) 341-0500.  We are available for training regarding these changes.