W. Va. Code R. § 93-1-9
In compliance with the provisions of W. Va. Code § 23-4-1c(a)(3), for rulings denying the compensability of the claim, denying initial Temporary Total Disability, or denying medical authorization, the Office of Judges will make available to the claimant an expedited adjudication process.
The claimant must notify, in writing, the Office of Judges, and all parties, of intent to proceed with the expedited process. Notice of the election to proceed with the expedited process must be received no later than fifteen (15) days after the date the protest was acknowledged by the Office of Judges.
Once a claimant has elected to proceed with the expedited process, the matter cannot be removed from the expedited process except by agreement of the parties or for the most compelling of good cause.
The Office of Judges will regularly schedule dockets for expedited issues at selected locations around the state and at regular intervals. Once notified of the election to proceed with the expedited process, the Office of Judges will schedule an administrative hearing to be conducted at the special dockets venue closest to the claimant's residence. The Office of Judges will attempt to conduct the hearing within a minimum of twenty-five (25) days, and a maximum of forty-five (45) days, from receipt of the election.
Hearings in the expedited process will be scheduled to last no longer than sixty (60) minutes; divided at thirty (30) minutes per side including rebuttal. If the docket schedule permits, the hearing length may be extended at the discretion of the administrative law judge. If the parties anticipate requiring more lengthy testimony, then the parties should obtain that testimony at a deposition prior to the expedited hearing.
The parties are not required to appear at the expedited process hearing, unless subpoenaed, and may submit any arguments or evidence in writing prior to the hearing date.
Evidence from any party must be submitted to the Office of Judges before, or at, the administrative hearing. The existing Time Frame shall expire on the date of the hearing.
Hearings shall not be continued except by agreement of the parties or upon the most compelling of good cause. Good cause determinations will be strictly resolved in view of the legislative mandate to expedite the resolution of the issue.
The Office of Judges shall issue a decision within thirty (30) days of the date of the administrative hearing.
This expedited adjudication process shall not be available for occupational pneumoconiosis, hearing loss claims, or complex issues as identified at the discretion of the Office of Judges.
In protests in which no new evidence has been introduced, or no argument in lieu of evidence has been filed by the hearing date, the provisions of section 10 [93-1-10] shall apply.
W. Va. Code R. § 93-1-9