WVC 23 - 5 - 3
§23-5-3. Refusal to reopen claim; notice; objection.
If it appears to the Insurance Commissioner, private insurance
carriers and self-insured employers, whichever is applicable, that
an application filed under section two of this article fails to
disclose a progression or aggravation in the claimant's condition,
or some other fact or facts which were not previously considered in
its former findings and which would entitle the claimant to greater
benefits than the claimant has already received, the Insurance
Commissioner, private insurance carriers and self-insured
employers, whichever is applicable, shall, within a reasonable
time, notify the claimant and the employer that the application
fails to establish a prima facie cause for reopening the claim.
The notice shall be in writing stating the reasons for denial and
the time allowed for objection to the decision of the commission.
The claimant may, within sixty days after receipt of the notice,
object in writing to the finding. Unless the objection is filed
within the sixty-day period, no objection shall be allowed. This
time limitation is a condition of the right to objection and hence
jurisdictional. Upon receipt of an objection, the Office of Judges
shall afford the claimant an evidentiary hearing as provided in
section nine of this article.