W. Va. Code » §23-5-2. Application by employee for further adjustment of claim; objection to modification; hearing.
West Virginia Code

W. Va. Code § 23-5-2 (2026)

Application by employee for further adjustment of claim; objection to modification; hearing

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section WV-LEGwvlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
ARTICLE 5. REVIEW.

§23-5-2. Application by employee for further adjustment of claim; objection to modification; hearing.

In any case where an injured employee makes application in writing for a further adjustment of his or her claim under the provisions of §23-4-16 of this code and the application discloses cause for a further adjustment, the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, shall make the modifications or changes with respect to former findings or orders in the claim that are justified. Any party dissatisfied with any modification or change made by the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, is, upon proper and timely objection, entitled to a hearing, as provided in §23-5-9a of this code.

Notes of Decisions
Cited in 33 cases (16 in the last 5 years), 1983–2025 · leading case: Bevins v. West Virginia Off. of Ins. Comm'r, 708 S.E.2d 509 (W. Va. 2010).
Sort: Relevance Newest Treatment
Bevins v. West Virginia Off. of Ins. Comm'r, 708 S.E.2d 509 (W. Va. 2010). · cites it 7× “Code § 23-5-la [now W. Va.Code § 23-5-2 (2005) (Repl. Vol.2010) ][ 8 ] and -lb [now W.”
Meadows v. Lewis, 307 S.E.2d 625 (W. Va. 1983). · cites it 2× “” W.Va.Code § 23-5-2. The board is also subject to the statutory requirement that “the rights of claimants for [workers’] compensation be determined as speedily and expeditiously as possible_” W.”
Hale v. West Virginia Off. of the Ins. Comm'r, 724 S.E.2d 752 (W. Va. 2012). · cites it 2× “2005) nor W.Va.Code § 23-5-2 (2005) (Repl.Vol.2005) requires that, to be held compensable, symptoms of a “work injury-re-Iated psychiatric disorder” must manifest within six months of the underlying work-related injury or a significant complication thereof.”
Bowers v. West Virginia Off. of the Ins. Comm'r, 686 S.E.2d 49 (W. Va. 2009). · cites it 8× “2009), nor does it comply with the Legislature’s recognition of permitting injured workers to request adjustments to their claims resulting from such work-related injuries, W.”
Scites v. Huffman, 324 S.E.2d 152 (W. Va. 1984). · cites it 2× “” W.Va. Code § 23-5-2. The board is also subject to the statutory requirement that “the rights of claimants for [workers’] compensation be determined as speedily and expeditiously as possible.”
Bevins v. Off. of Ins. Com'r, 708 S.E.2d 509 (W. Va. 2010). · cites it 7× “Code § 23-5-1a [now W. Va.Code § 23-5-2 (2005) (Repl. Vol.2010)][ [8] ] and -1b [now W.”
ACNR Resources, Inc. v. Kevin Barnhart, No. 23-ica-35 (May 1, 2023). · cites it 2× “See W. Va. Code §§ 23-5-2 (2005), 23-5-3 (2021).”
Charleston Area Med. Ctr., Inc. v. Kathy Bragg, No. 23-ica-132 (May 22, 2023). · cites it 2× “See W. Va. Code §§ 23-5-2 (2005) to 23-5-3 (2021).”
ACNR Resources, Inc. v. Timothy M. Price, No. 24-ica-204 (Dec. 6, 2024). · cites it 2× “See W. Va. Code § 23-5-2 (2005) and W. Va. Code § 23-5 -3a (2022).”
Donald R. Endicott v. ACNR Resources, Inc., No. 25-ica-147 (Oct. 24, 2025). · cites it 2× “We disagree. In order to reopen a claim for TTD benefits, a claimant must show an aggravation or progression of a compensable condition, or facts not previously considered.”
Ronald v. Long v. BFI Waste Sys. of North Am., No. 15-0754 (W. Va. June 22, 2016). “Long’s claim for further consideration of temporary total disability benefits, the Office of Judges looked to West Virginia Code § 23-5-2 (2015) and § 23-5-3 (2015), which provide that in order to be eligible for a reopening of the claim, a 2 The reopening application is not…”
Stanley Stewart v. Performance Coal Co., No. 15-0824 (W. Va. Aug. 23, 2016). “It stated that under West Virginia Code § 23-5-2 (2005) and West Virginia Code § 23-5-3 (2009), a claimant must show an aggravation or progression of the compensable condition or some other fact or facts not previously considered in order for a claim to be reopened for…”
Show all 33 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.