WVC 23 - 5 - 6
§23-5-6. Time periods for objections and appeals; extensions.
Notwithstanding the fact that the time periods set forth for
objections, protests and appeals to or from the workers'
compensation office of judges are jurisdictional, the periods may
be extended or excused upon application of either party within a
period of time equal to the applicable period by requesting an
extension of the time period showing good cause or excusable
neglect, accompanied by the objection or appeal petition. In
exercising discretion the administrative law judge, appeal board or
court, as the case may be, shall consider whether the applicant was
represented by counsel and whether timely and proper notice was
actually received by the applicant or the applicant's