Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-8-1 - General1.1. Scope. -- These rules are established for conducting all administrative appeal hearings requested of the Patient Injury Compensation Fund (PICF).1.2. Authority. -- W. Va. Code §§ 29-12D-2(a)(6); 29-12D-3(c); 29-12D-3(f); 29-12D-3(g).1.3. Filing Date. -- March 14, 2011.1.4. Effective Date. -- April 14, 2011.1.5. Definitions. 1.5.a. "BRIM" means the state Board of Risk and Insurance Management.1.5.b. "Claimant" means the person submitting an application for compensation from the patient injury compensation fund created by W. Va. Code § 29-12D-1(a), and is both a "patient" and a "plaintiff" as those terms are defined in the medical professional liability insurance act found in W. Va. Code §55-7B as amended.1.5.c. "Economic damages" means those special damages which are reduced to an actual dollar amount that can be presented to a jury in an action brought under the medical professional liability act to compensate a plaintiff for the monetary costs of a medical injury, such as lost earning, past and future medical care and rehabilitation services. Economic damages do not include non-economic damages, such as pain and suffering, or hedonic damages, court costs, post-judgment interest, attorneys' fees, extra-contractual damages, or punitive damages.1.6. Amendments To Rules. -- Amendments to these rules may be made at any meeting of the Board, by vote of a majority of the quorum, provided that the requirements of W. Va. Code §29-A-3-2 are met.1.7. Interpretation Of Rules. -- Interpretation of these rules is the responsibility of the Board and any necessary changes may be acted upon by amendment in accordance with Section 1.6 above.