Court Upholds Penalty on Claims Administrator for Failing to Timely Act on IME Report

West Virginia’s Intermediate Court of Appeals upheld a $1,500 penalty against a claims administrator for failing to act on an independent medical examiner’s report within 30 days. Case: State Auto Insurance Co. v. Hunter, No. 25-ICA-491, 08/27/2026, published. Facts and procedural history: In October 2024, ExamWorks issued a notice of an independent medical exam to a workers’ compensation claimant, on behalf of State Auto Insurance Co., which was serving as the claims administrator for Milbank Insurance Co. Dr. Samuel E. Perry then issued a report to ExamWorks noting that ...