WVC 36 - 8 - 16
§36-8-16. Action to establish claim.
A person aggrieved by a decision of the administrator or whose
claim has not been acted upon within ninety days after its filing
may maintain an original action to establish the claim in the
circuit court of Kanawha County, naming the administrator as a
defendant. If the aggrieved person establishes the claim in an
action against the administrator, the court may award the claimant
reasonable attorney's fees.