W. Va. Code R. § 93-1-15

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 93-1-15 - Adding or Dismissing Chargeable Employers and Carriers

15.1. Requirements

When it appears that another employer may have liability for some, or all, of the claim, the Office of Judges shall notify the potentially chargeable employer, and its carrier, of the right to participate in the ongoing litigation.

No employer may be added by final decision, and no employer may be dismissed by final decision, until after all other potentially chargeable employers and their carriers have been given notice and the opportunity to appear. The final decision may take the form of a remand to the proper claim administrator, or the Offices of the Insurance Commissioner, for additional investigation and entry of a new order. However, remanding the claim is not an available outcome when a dispute exists over which administrator has jurisdiction over the claim. In the latter event, the administrative law judge will determine which claim administrator has administrative authority and jurisdiction.

The burden is on the moving party to provide sufficient claim identifying information from which the Office of Judges can determine the specific identity of the other employer and/or carrier.

15.2. Tolling of Statute of Limitations for Claim Filings

Pursuant to W. Va. Code § 23-5-1(b)(2)(C), the Office of Judges has authority to toll any statute of limitation by directing that:

A. An application for benefits be designated as a petition to reopen, effective as of the original date of filing; or

B. A petition to reopen be designated as an application for benefits, effective as of the original date of filing; or

C. An application for benefits or petition to reopen with any claim administrator be designated as either with any other claim administrator, effective as of the original date of fling.

W. Va. Code R. § 93-1-15