W. Va. Code R. § 93-1-16
Pursuant to W. Va. Code § 23-5-9(d), the Office of Judges shall issue a written decision containing findings of fact and conclusions of law for all protests submitted for decision. This decision, a copy of which will be mailed to all the parties and their counsel of record, shall be subject to appeal to the Worker's Compensation Board of Review pursuant to W. Va. Code § 23-5-10.
The Office of Judges may resolve a protested issue by ruling or order where the protesting party fails to comply with a properly served subpoena, withdraws its protest, fails to prosecute its protest, or for any other reason the Chief Administrative Law Judge deems appropriate.
Any party may file a motion to reconsider any final resolution of a protest. Such relief should not be sought, and will not be granted, where the sole basis for the motion is disagreement with the reasoning of the decision. Motions to reconsider shall be granted only when clerical or administrative error has occurred in the decision.
Examples of the type of error correctable by this relief include, but are not limited to:
Such motion must be filed within thirty (30) days of the date of receipt of the decision. The filing of a motion for reconsideration shall not toll the running of the jurisdictional time limits for filing an appeal with the Workers' Compensation Board of Review.
The Office of Judges may, without motion from any party, correct such errors covered by §16.3 as discovered provided that the ALJ decision has not been affected by appeal outcome.
W. Va. Code R. § 93-1-16