Workers’ Compensation Board of Review Hearing Examiner

The West Virginia Workers’ Compensation Board of Review invites applications for the position of Board of Review Hearing Examiner

NATURE OF WORK:
Under limited supervision, at the advanced level, these positions perform professional legal work conducting quasi-judicial hearings and writing formal recommended decisions on complex objections arising under statutory responsibility of the agency. These positions are responsible for ensuring that the litigants are afforded substantive and procedural due process through the proper scheduling of hearings, conducting hearings based on rules of evidence, controlling the making of a record, conducting necessary legal research, and rendering recommended decisions based on findings of fact and conclusions of law. Work is reviewed for accuracy and compliance with legal standards and applicable laws and regulations. Perform related work as required.

Knowledge, Skills and Abilities

Knowledge of the principles of West Virginia law regarding rules of evidence, pleadings, and due process.
Knowledge of the West Virginia Workers’ Compensation Act and relevant provisions of the state insurance code, as set forth in Chapter 33 of the West Virginia State Code, and Title 114 of the West Virginia Code of State Rules.
Knowledge of legal research.
Knowledge of the rules of conduct for formal legal proceedings and hearings.
Ability to comprehend and apply statutes and legal precedent to administrative decisions.
Ability to comprehend and apply the constitutional and administrative law applicable to the proceedings.
Ability to preside over formal hearings involving controversial issues with fairness, authority, and a proper judicial temperament.
Ability to effectively analyze complex testimony and regulatory issues including substantial quantitative information of a financial nature.
Ability to prepare written recommended decisions based on findings of fact and conclusions of law.
Ability to communicate effectively, both orally and in writing.
Ability to maintain effective working relationships with the public, court officials, and attorneys.
EXAMPLES OF WORK:

Review file including applications, petitions, exhibits, motions, and other pleadings prior to the hearing; conduct legal research on relevant issues.
Enter procedural orders setting matters for hearing, scheduling pre-hearing conferences, allowing for discovery, requiring joinder of parties, and requiring filing of prepared testimony, briefs, stipulations, interrogatories, and depositions; administer oaths; and rule on pre-hearing motions and objections.
Preside at pre-hearing conferences to simplify issues, amend pleadings, distribute prepared testimony, and exhibits and determine the procedure to be followed at the hearing.
Conduct administrative hearings; determine evidentiary questions such as admissibility, competency, relevancy, and materiality; govern the conduct of counsel; and control the making of a record.
Draft formal recommended decisions based on findings of fact and conclusions of law, include analysis citing findings of fact and applicable law.
Confer with Board of Review (BOR) members and BOR’s Clerk of Court and Office of Counsel on matters pending before the BOR.
MINIMUM QUALIFICATIONS:
TRAINING: Admission to the West Virginia State Bar.
AND
EXPERIENCE: Four (4) years of full-time or equivalent part-time paid experience practicing law.  Basic computer skills, which include understanding how to navigate the operating system, using word processing software for writing documents, sending and receiving emails, browsing the internet, and basic file management such as creating folders and organizing files.
OTHER INFORMATION:
How to Apply:
Applicants can apply by submitting a resume to Beth.M.Suter@wv.gov.

This job opportunity is not in the classified service and is not covered by the Administrative Rule of the WV Division of Personnel. Interested persons must apply directly to the hiring agency as directed above.