we emphasize that our recognition that this is a marginal ease does not permit us to simply substitute our judgment for that of the fact-finder below. We believe that to reverse the BOR would constitute a reweighing of the evidence which is forbidden upon review by this Court pursuant to West Virginia Code § 23-5-15(c). Moreover, West Virginia Code § 23 — 1—1(b) (2007) abrogated the historical “rule of liberality” and provides that “workers’ compensation cases shall be decided on their merits and that a rule of ‘liberal construction’ based on any ‘remedial’ basis of workers’ compensation legislation shall not affect the weighing of evidence in resolving such eases.” See Bias v. Eastern Associated Coal Corp., 220 W.Va. 190, 209, 640 S.E.2d 540, 559 (2006) (Davis, C.J., concurring) (<HOLDING>). More specifically, the Legislature has
recognizing abrogation recognizing workers compensation insurance carrier owes employee duty of good faith and fair dealing in processing compensation claims recognizing statutory abrogation of rule of liberality in workers compensation claims recognizing abrogation of kassen holding that rule 6e did not extend the period in which a workers compensation carrier was required to pay a compensation award under the longshore and harbor workers compensation act where the act required payment within ten days of filing of the order as opposed to within ten days of service of notice provided for in the rule