West Virginia Offices of the Insurance Commissioner 2009 Annual ...
West Virginia Offices of the Insurance Commissioner 2009 Annual ...
West Virginia Offices of the Insurance Commissioner 2009 Annual ...
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Non-Workers’ Compensation Matters:<br />
Third Party Claims Arising under <strong>the</strong> Unfair Trade Practices Act: Pursuant to W.Va.<br />
Code §§33-11-4a(h) and §33-2-10, <strong>the</strong> OIC receives complaints arising from alleged<br />
unfair methods <strong>of</strong> competition or unfair or deceptive acts or practices <strong>of</strong> insurance<br />
policies and insurance contracts, except workers’ compensation insurance. The Office<br />
<strong>of</strong> Judges has been designated as at least one responsible entity to conduct hearings,<br />
receive evidence, briefs, memoranda or motions and issue a recommendation to <strong>the</strong><br />
<strong>Insurance</strong> <strong>Commissioner</strong>. The <strong>Commissioner</strong> will enter a final order following <strong>the</strong><br />
hearing. The hearing will be conducted in accordance with <strong>the</strong> <strong>West</strong> <strong>Virginia</strong><br />
Administrative Procedures Act.<br />
WV Health Care Authority: Pursuant to Executive Order No. 3-99, <strong>the</strong> Office <strong>of</strong> Judges<br />
is designated as <strong>the</strong> entity to review final decisions <strong>of</strong> <strong>the</strong> <strong>West</strong> <strong>Virginia</strong> Health Care<br />
Authority with regard to <strong>the</strong>ir final written decisions on matters related to certificates <strong>of</strong><br />
need for new institutional health services and to rate setting <strong>of</strong> hospitals pursuant to<br />
<strong>West</strong> <strong>Virginia</strong> Code §16-2D-1, et seq. and §16-29B-1, et. seq. The review is conducted<br />
in accordance with <strong>the</strong> <strong>West</strong> <strong>Virginia</strong> Administrative Procedures Act.<br />
In <strong>the</strong> wake <strong>of</strong> <strong>the</strong> statutory reforms enacted in 2003, and <strong>the</strong> onset <strong>of</strong> privatization in 2005, <strong>the</strong> volume<br />
<strong>of</strong> litigation before <strong>the</strong> Office <strong>of</strong> Judges substantially decreased. While litigation continues to decline,<br />
it is declining at a less rapid pace than in prior years.<br />
I. Recent Initiatives<br />
Recent initiatives at <strong>the</strong> Office <strong>of</strong> Judges have been aimed at adapting <strong>the</strong> operation to better<br />
serve <strong>West</strong> <strong>Virginia</strong>’s newly-privatized workers’ compensation market. In Fiscal Year 2010, <strong>the</strong> Office<br />
<strong>of</strong> Judges continued to make improvements to our work product with regard to quality and efficiency,<br />
including continued improvements in our goal <strong>of</strong> creating a Judge-centered system that recognizes <strong>the</strong><br />
unique elements <strong>of</strong> each case and addresses <strong>the</strong> growing complexity <strong>of</strong> <strong>the</strong> issues placed in litigation.<br />
We believe <strong>the</strong>se changes will improve <strong>the</strong> overall degree <strong>of</strong> satisfaction <strong>of</strong> <strong>the</strong> litigants participating in<br />
<strong>the</strong> appeals system.<br />
The OOJ continues to work in <strong>the</strong> area <strong>of</strong> public outreach and provides a statistical report to <strong>the</strong><br />
Workers’ Compensation Industrial Council on a monthly basis, as well as provides a monthly update<br />
on litigation trends to <strong>the</strong> Workers’ Compensation Committee <strong>of</strong> <strong>the</strong> <strong>West</strong> <strong>Virginia</strong> State Bar. Also in<br />
FY 2010, <strong>the</strong> Office <strong>of</strong> Judges held legal workshops in Charleston and Morgantown. These workshops<br />
are designed to provide <strong>the</strong> workers’ compensation practitioner with pertinent information related to<br />
practicing before <strong>the</strong> Office <strong>of</strong> Judges, including litigation statistics, updates on <strong>the</strong> law and procedural<br />
practice pointers.<br />
In FY 2010, <strong>the</strong> Office <strong>of</strong> Judges successfully consolidated operations in our Charleston <strong>of</strong>fice<br />
by incorporating <strong>the</strong> hearing venue, previously separate from our main <strong>of</strong>fice, into our primary <strong>of</strong>fice<br />
space. The old hearing space was relinquished back to <strong>the</strong> building owner, resulting in additional<br />
financial savings. The new hearing rooms were upgraded with traditional courtroom style furniture, as<br />
well as modern recording equipment. We believe <strong>the</strong>se improvements will lead to greater satisfaction<br />
in <strong>the</strong> litigation process. The increased decorum assists our <strong>of</strong>fice in expressing to our litigants that<br />
judicial review is a serious matter and that <strong>the</strong>y always receive substantial due process when appealing<br />
<strong>the</strong>ir workers’ compensation matter to <strong>the</strong> Office <strong>of</strong> Judges.<br />
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