2005 West Virginia Code - §23-4-7b. — Trial return to work.

§23-4-7b. Trial return to work.
(a) The Legislature hereby finds and declares that it is in the interest of employees, employers and the commission that injured employees be encouraged to return to work as quickly as possible after an injury and that appropriate protections be afforded to injured employees who return to work on a trial basis.
(b) Notwithstanding any other provisions of this chapter to the contrary, the injured employee shall not have his or her eligibility to receive temporary total disability benefits terminated when he or she returns to work on a trial basis as set forth in this section. An employee is eligible to return to work on a trial basis when he or she is released to work on a trial basis by the treating physician.
(c) When an injured employee returns to work on a trial basis, the employer shall provide a trial return-to-work notification to the commission. Upon receipt of the notification, the commission shall note the date of the first day of work pursuant to the trial return and shall continue the claimant's eligibility for temporary total disability benefits, but shall temporarily suspend the payment of temporary total disability benefits during the period actually worked by the injured employee. The claim shall be closed on a temporary total disability basis either when the injured employee or the authorized treating physician notifies the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, that the injured employee is able to perform his or her job or automatically at the end of a period of three months from the date of the first day of work unless the employee notifies the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, that he or she is unable to perform the duties of the job, whichever occurs first. If the injured employee is unable to continue working due to the compensable injury for a three-month period, the injured employee shall provide notice and temporary total disability benefits shall be reinstated immediately and he or she shall be referred for a rehabilitation evaluation as provided in section nine of this article. No provision of this section shall be construed to prohibit the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, from referring the injured employee for any permanent disability evaluation required or permitted by any other provision of this article.
(d) Nothing in this section shall prevent the employee from returning to work without a trial return-to-work period.
(e) Nothing in this section shall be construed to require an injured employee to return to work on a trial basis.
(f) The provisions of this section shall be terminated and be of no further force and effect on the first day of July, two thousand seven.