Current through Register Vol. XLI, No. 43, October 25, 2024
Section 85-20-1 - General1.1. Scope. -- W. Va. Code § 23-4-3b(b) requires the Workers' Compensation Board of Managers to promulgate a rule establishing the process for the medical management of claims and awards of disability which includes, but is not limited to, reasonable and standardized guidelines and parameters for appropriate treatment, expected period of time to reach maximum medical improvement and range of permanent partial disability awards for common injuries and diseases or, in the alternative, which incorporates by reference the medical and disability management guidelines, plan or program being utilized by the commission, insurance commissioner, self-insured employer or private carrier, whichever is applicable, for the medical and disability management of claims, with the requirements, standards, parameters and limitations of such guidelines, plan or program having the same force and effect as the rule promulgated in compliance herewith. This Rule satisfies this statutory requirement. See also, W. Va. Code §§ 23-1-1(b); 23-1-1a(j)(2), (3), (9), and 13); 23-1-1a(j)(13); 23-1-1b(g)(25); 23-1-13; 23-4-1(c), (d), (f), and (i); 23-4-1g; 23-4-3; 23-4-1d;23-4-3c; 23-4-6; 23-4-7; 23-4-7a; 23-4-8; 23-4-8b; 23-4-8c; and 23-4-16.1.2. Authority. -- Pursuant to W. Va. Code, § 23-1-1a(j)(3), rules adopted by the Workers Compensation Board of Managers are not subject to legislative approval as would otherwise be required under W. Va. Code, § 29A-3-1 et seq. Public notice requirements of that chapter and article, however, must be followed.1.3. Filing Date. -- December 20, 2005.1.4. Effective Date. -- January 20, 2006.1.5. Repeal of former rules. -- This exempt legislative rule repeals and replaces the following: 1) 85 C.S.R. 13, " Protocols and Procedures for Performing Medical Evaluations in Noise-Induced Hearing Loss Claims," filed in the Secretary of State's Office January 24, 1996 and made effective February 22, 1996; 2) 85 C.S.R. 16, "Guidelines for Permanent Impairment Evaluations, Evidence, and Ratings," filed in the Secretary of State's Office January 24, 1996 and effective February 26, 1996; 3) 85 C.S.R. 20, "Guidelines for the Treatment of Workers' Compensation Injuries" filed in the Secretary of State's Office August 23, 1995 and effective October 1, 1995; 4) 85 C.S.R. 21, "Guidelines for Controlled Substances," filed in the Secretary of State's Office August 23, 1995 and made effective September 22, 1995; and 5) 85 C.S.R. 1, "Administration of the Workers' Compensation Fund," Sections 11, 14, and 20. In accordance with the amendments to this rule, this exempt legislative rule repeals and replaces 85 CSR 22, "Guidelines for Psychiatric Permanent Impairment, Evaluations, Evidence and Ratings of Psychiatric Impairment Due to Workers' Compensation Injuries."
1.6. Effective Date of Original Filing. -- June 14, 2004.