James S. Maloney Article Archives

Fundamental Changes In Litigation Process of West Virginia Workers’ Compensation Claims Effective July 1, 2022

July, 2022 | By James S. Maloney

Effective July 1, 2022 the West Virginia Office of Judges, which was previously the first step in the litigation process following the issuance of a protestable order by the claims administrator, ceased handling new protestable orders. With any and all protestable orders issued July 1, 2022 and thereafter, the prior Board of Review replaced the…

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West Virginia FY 2023 Workers’ Compensation Rates

| By James S. Maloney

The West Virginia Office of the Insurance Commissioner has issued the new state average weekly wage for fiscal year 2023 (dates of loss: 7/1/22 – 6/30/23). For injuries occurring on or after July 1, 2022, the following maximum weekly workers’ compensation rates are effective in West Virginia: Temporary total, permanent total and vocational rehabilitation benefits:…

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West Virginia FY 2022 Workers’ Compensation Rates

June, 2021 | By James S. Maloney

The West Virginia Office of the Insurance Commissioner has recently issued the new State average weekly wage for fiscal year 2022.

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West Virginia Establishes Intermediate Appellate Court; Eliminates WV Office of Judges in Workers’ Compensation Claims

April, 2021 | By James S. Maloney

For a number of years, the creation of an intermediate appellate court in West Virginia has been considered and debated. However, the most recent West Virginia legislative session finally resulted in the creation of an intermediate appellate court. The creation of the Court will have an impact on litigation in terms of workers’ compensation matters in the State.

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