West Virginia Offices of the Insurance Commissioner 2009 Annual ...

Workers’ Compensation Board of Review
At the time the Board of Review was created on February 1, 2004, appeals from the Workers’
Compensation Office of Judges were filed at a rate of 591 per month with the Board deciding 300
cases per month.
By the end of 2004, the Board saw no increase in case filings; however, dispositions increased
to 406 per month. New case filings dropped slightly in 2005 to 577 per month, with dispositions
increasing to 507 per month. Inroads were made on the backlog in 2006, when the average number of
filings decreased to 487 per month, and dispositions increased to 595 per month for an annual total of
7,140 orders. In 2007, there was a monthly average of 405 new case filings, with 471 dispositions per
month. In 2008, the new case filings have averaged 248, with 321 dispositions per month. In 2009, we
received 157 new appeals per month with average dispositions of 174. In 2010, we essentially
maintained the status quo with 120 new appeals filed per month and we averaged 109 dispositions per
month. Thus, the Board has achieved its goal of operating without a backlog and deciding cases as they
mature on our docket.
In analyzing the monthly new case filings versus dispositions, it is important to recognize that
to perfect an appeal takes approximately 5 months before it can be heard and reviewed by the Board.
This allows for expiration of the time periods set forth in the Rules of Practice and Procedure, prior to
further action being taken by the Board. 102 CSR 1, et seq.
A quick resolution of cases continues to be one our most important goals. The Board works in
coordination with the Office of Judges and the West Virginia Supreme Court of Appeals to assure a
smooth transition through the workers’ compensation claims process.
Enclosed are graphs which illuminate the Board of Review’s monthly average of new case
filings and case dispositions for 2008, 2009 and 2010. These charts illustrate the elimination of any
backlog cases for each of these years.
By timely completing the appeal process, we trust we have fulfilled our obligation to the
citizens of West Virginia.
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