Fucillo v. Workers' Compensation Commissioner

NEELY, Justice:

In 1982, this Court in Bailey v. State Workmen’s Compensation Comm’r., 170 W.Va. 771, 296 S.E.2d 901 (1982), held that time limitations established for objections, protests or appeals under the Workers’ Compensation Act are not jurisdictional, but procedural. In 1986, the West Virginia legislature amended the Workers’ Compensation Act to provide that time limitations are jurisdictional and adherence to the time limitations is a condi*596tion of the right to object, protest or appeal. Because of the 1986 Workers’ Compensation legislation, we limit our holding in Bailey concerning…