WVC 23 - 4 - 1 G
§23-4-1g. Weighing of evidence.
(a) For all awards made on or after the effective date of the
amendment and reenactment of this section during the year two
thousand three, resolution of any issue raised in administering
this chapter shall be based on a weighing of all evidence
pertaining to the issue and a finding that a preponderance of the
evidence supports the chosen manner of resolution. The process of
weighing evidence shall include, but not be limited to, an
assessment of the relevance, credibility, materiality and
reliability that the evidence possesses in the context of the issue
presented. Under no circumstances will an issue be resolved by
allowing certain evidence to be dispositive simply because it is
reliable and is most favorable to a party's interests or position.
If, after weighing all of the evidence regarding an issue in which
a claimant has an interest, there is a finding that an equal amount
of evidentiary weight exists favoring conflicting matters for
resolution, the resolution that is most consistent with the
claimant's position will be adopted.
(b) Except as provided in subsection (a) of this section, a
claim for compensation filed pursuant to this chapter must be
decided on its merit and not according to any principle that
requires statutes governing workers' compensation to be liberally
construed because they are remedial in nature. No such principle
may be used in the application of law to the facts of a case
arising out of this chapter or in determining the constitutionality of this chapter.