Pursuant to the requirements of W. Va. Code § 23-5-7 and the regulations herein set forth, the claimant and the Insurance Commissioner, other private insurance carriers, or self-insured employer, whichever is applicable, may negotiate a settlement of any and all issues in a claim or claims, provided that in the settlement of medical benefits for nonorthopedic occupational disease claims, the claimant shall be represented by legal counsel. An insured employer is permitted to participate in the settlement of a claim only to the extent that the employer is permitted to do so under the terms of the applicable workers' compensation insurance policy.
W. Va. Code R. § 85-12-4