Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-22-3 - DefinitionsAs used in these rules, the following terms have the stated meanings unless the context of a specific use clearly indicates another meaning is intended.
3.1. "Commissioner" means the Commissioner of the Bureau of Employment Programs pursuant to West Virginia Code, S21A-2-1, and West Virginia Code, § 23-1-1, and any deputies designated pursuant to West Virginia Code, § 21A-2-12 & -13.3.2. "Division" means the Workers' Compensation Division within the Bureau of Employment "Programs as provided for by West Virginia Code, § 21A-1-4, and West Virginia Code, § 23-1-1 et seq.3.3. Work injury-related psychiatric disorders - Those psychiatric disorders caused by or aggravated by a work injury or disease.3.4. Causation, legal standard - "The fact of being the cause of something produced or of happening. The act by which an effect is produced." (That which produces or- is the cause of a psychiatric condition and/or impairment)3.5. Aggravation, legal standard - "The result of an act," action, or circumstance that intensifies or makes worse a medical condition; an unfavorable progression of the claimant's medical condition."3.6. Apportionment - "The act of allocating, usually in terms of a percentage, between various causes, injuries or diseases."3.7. Psychiatric impairment - The loss of, loss of use of, or derangement of mental, emotional or brain functioning.3.8. Permanent psychiatric impairment - Impairment that is static or well stabilized with or without psychiatric treatment, or that is not likely to remit despite psychiatric treatment of the impairing condition.3.9. Permanent partial psychiatric impairment - Impairment that is assigned a percentage of impairment rating from the West Virginia Workers' Compensation Guidelines for Psychiatric Impairment.3.10. Temporary total disability, psychiatric - A psychiatric condition that in and of itself, or in combination with a physical condition, makes the claimant unable to function in the work setting.3.11. Maximum medical improvement, psychiatric (Stabilized Psychiatric Condition) - A disorder is stable when, after a period of time particular to that disorder, no further improvement is likely with or without treatment. This ranges from six months for functional disorders to two years for brain injury cases.