™Your Policy Risk Impact Agent
131 sections in this chapter.
W. Va. Code § 23-2C-7 Custody, investment and disbursement of funds
0.9K chars
The State Treasurer shall be the custodian of the Old Fund, the Uninsured Employer Fund, the Self-Insured Employer Guaranty Risk Pool, and the Self-Insured Employer Security Risk Pool, and moneys payable to each of these funds shall be deposited in the State Treasury to the credi…
W. Va. Code § 23-2C-8 Workers’ Compensation Uninsured Employer Fund
5.6K chars
(a) The Workers’ Compensation Uninsured Employer Fund shall be governed by the following: (1) All money and securities in the fund must be held by the State Treasurer as custodian thereof to be used solely as provided in this article. (2) The State Treasurer may disburse money fr…
W. Va. Code § 23-2-8 Liability of employer for failing to procure or maintain workers’ compensation insurance; certain common-law defenses prohibited; exceptions
1.5K chars
All employers who fail to procure and continuously maintain workers’ compensation insurance as required by this chapter or who fail to obtain permission to self-insure their workers’ compensation risk as permitted by §23-2-9 of this code shall be liable to their employees (within…
W. Va. Code § 23-2-9 Election of employer or employers’ group to be self-insured and to provide own system of compensation; exceptions; self administration; rules; penalties; regulation of self-insurers
10.3K chars
(a) Notwithstanding any provisions of this chapter to the contrary, the following types of employers or employers’ groups may apply for permission to self-insure their workers’ compensation risk. (1) The types of employers are: (A) Any employer who is of sufficient capability and…
W. Va. Code § 23-2-9A Sanctions for default by self-insured employers; rulemaking authority
1.1K chars
Whenever the authority of an employer to self-insure its obligations under this chapter is terminated and such employer is thereafter in default in the payment of any portion of surcharges or assessments required under this chapter or by rules promulgated thereunder, or in any pa…
W. Va. Code § 23-4B-1 Purpose
0.6K chars
The purpose of this article is to establish a fund to provide benefits to coal miners who are totally disabled by pneumoconiosis and to eligible dependents of coal miners whose deaths were due to pneumoconiosis or who were totally disabled from pneumoconiosis at time of their dea…
W. Va. Code § 23-4A-1 Disabled Workers’ Relief Fund
0.2K chars
Persons who are receiving benefits from the Disabled Workers’ Relief Fund at the time the amendments made to this article by the Legislature during the 2022 regular session become effective shall continue to receive said benefits as awarded.
W. Va. Code § 23-4-1 To whom compensation fund disbursed; occupational pneumoconiosis and other occupational diseases included in "injury" and "personal injury"; definition of occupational pneumoconiosis and other occupational diseases; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters
11.0K chars
(a) Subject to the provisions and limitations elsewhere in this chapter, workers' compensation benefits shall be paid to the employees of employers subject to this chapter who have received personal injuries in the course of and resulting from their covered employment or to the d…
W. Va. Code § 23-4-10 Classification of death benefits; "dependent" defined
4.5K chars
In case a personal injury, other than occupational pneumoconiosis or other occupational disease, suffered by an employee in the course of and resulting from his or her employment, causes death, and disability is continuous from the date of the injury until the date of death, or i…
W. Va. Code § 23-4-11 To whom death benefits paid
0.6K chars
The benefits, in case of death, shall be paid to one or more dependents of the decedent, or to any other persons, for the benefit of all of the dependents, as may be determined by the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, who …
W. Va. Code § 23-4-12 Application of benefits
0.3K chars
The dependent or person to whom benefits are paid shall apply the benefits to the use of the several beneficiaries of the benefits according to their respective claims upon the decedent for support, in compliance with the finding and direction of the Insurance Commissioner, priva…
W. Va. Code § 23-4-13 Effect of abandonment of spouse
0.6K chars
Notwithstanding anything herein contained, no sum will be paid to a widow or widower who abandoned the employee before the injury causing death. However, the provisions of this section may not be construed to preclude a widow or widower from receiving compensation in accordance w…
W. Va. Code § 23-4-14 Computation of benefits
3.1K chars
(a) The average weekly wage earnings, wherever earned, of the injured person at the date of injury and the average weekly wage in West Virginia as determined by the Insurance Commissioner, in effect at the date of injury, shall be taken as the basis upon which to compute the bene…
W. Va. Code § 23-4-15 Application for benefits
3.2K chars
(a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation shall be made on the form or forms prescribed by the Insurance Commission…
W. Va. Code § 23-4-15A Nonresident alien beneficiaries
0.6K chars
Notwithstanding any other provisions of this chapter, nonresident alien beneficiaries are entitled to the same benefits as citizens of the United States: Provided, That the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, in its discreti…
W. Va. Code § 23-4-15B Determination of nonmedical questions; claims for occupational pneumoconiosis; hearing
4.9K chars
If a claim for occupational pneumoconiosis benefits is filed by an employee within three years from and after the last day of the last continuous period of 60 days’ exposure to the hazards of occupational pneumoconiosis, the Insurance Commissioner, private carrier, or self-insure…
W. Va. Code § 23-4-16 Jurisdiction over case continuous; modification of finding or order; time limitation on awards; reimbursement of claimant for expenses; reopening cases involving permanent total disability; promulgation of rules
7.7K chars
(a) The power and jurisdiction of the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, over each case is continuing and the Insurance Commissioner, private carrier, or self-insured employer may, in accordance with the provisions of this …
W. Va. Code § 23-4-16A Interest on benefits
0.8K chars
Whenever any award of temporary total, permanent partial, or permanent total disability benefits or dependent benefits is made on or after July 1, 1971, and a protest is filed to the award or an appeal is taken from the award by an employer only and not by the claimant or depende…
W. Va. Code § 23-4-17 Commutation of periodical benefits
1.5K chars
The Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, under special circumstances and when it is considered advisable, may commute periodical benefits to one or more lump-sum payments. Upon the application of any claimant who has received…
W. Va. Code § 23-4-18 Mode of paying benefits generally; exemptions of compensation from legal process
1.0K chars
Except as provided by this section, compensation shall be paid only to the employees or their dependents and is exempt from all claims of creditors and from any attachment, execution or assignment other than compensation to counsel for legal services, under the provisions of, and…
W. Va. Code § 23-4-1A Report of injuries by employee
0.7K chars
Every employee who sustains an injury subject to this chapter, or his or her representative, shall immediately on the occurrence of the injury or as soon thereafter as practicable give or cause to be given to the employer or any of the employer’s agents a written notice of the oc…
W. Va. Code § 23-4-1B Report of injuries by employers
1.6K chars
It is the duty of every employer to report every injury sustained by any person in his or her employ to its workers’ compensation insurance carrier or claims administrator, if applicable. The report shall be on forms prescribed by the Insurance Commissioner and shall be made with…
W. Va. Code § 23-4-1C Payment of temporary total disability benefits directly to claimant; payment of medical benefits; payments of benefits during protest; right of Insurance Commissioner, private carriers, and self-insured employers to collect payments improperly made
11.2K chars
(a) In any claim for benefits under this chapter, the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, shall determine whether the claimant has sustained a compensable injury within the meaning of §23-4-1 of this code and enter an order …
W. Va. Code § 23-4-1D Method and time of payments for permanent disability
4.3K chars
(a) If the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, makes an award for permanent partial or permanent total disability, the Insurance Commissioner, private carrier, or self-insured employer shall start payment of benefits by mail…
W. Va. Code § 23-4-1E Temporary total disability benefits not to be paid for periods of correctional center or jail confinement; denial of workers’ compensation benefits for injuries or disease incurred while confined
1.8K chars
(a) Notwithstanding any provision of this code to the contrary, no person shall be jurisdictionally entitled to temporary total disability benefits for that period of time in excess of three days during which that person is confined in a state correctional facility or jail: Provi…
W. Va. Code § 23-4-1F Certain psychiatric injuries and diseases not compensable; definitions; legislative findings; terms; report required
4.7K chars
(a) Except as provided by this section, for the purposes of this chapter, no alleged injury or disease may be recognized as a compensable injury or disease which was solely caused by nonphysical means and which did not result in any physical injury or disease to the person claimi…
W. Va. Code § 23-4-1G Weighing of evidence
1.5K chars
(a) For all awards made on or after the effective date of the amendment and reenactment of this section during the year two thousand three, resolution of any issue raised in administering this chapter shall be based on a weighing of all evidence pertaining to the issue and a find…
W. Va. Code § 23-4B-2 Coal-Workers’ Pneumoconiosis Fund established
1.4K chars
For the relief of persons who are entitled to receive benefits by virtue of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, wit…
W. Va. Code § 23-4-2 Disbursement where injury is self-inflicted or intentionally caused by employer; legislative declarations and findings; "deliberate intention" defined
15.9K chars
(a) Notwithstanding anything contained in this chapter, no employee or dependent of any employee is entitled to receive any sum under the provisions of this chapter on account of any personal injury to or death to any employee caused by a self-inflicted injury or the intoxication…
W. Va. Code § 23-4-20 Postmortem examinations
1.2K chars
The Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, may, after due notice to the claimant, whenever it considers it necessary, order an autopsy and may designate a duly licensed physician to make the postmortem examination or examinatio…
W. Va. Code § 23-4-21 Severability
0.3K chars
If any provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the article, and to this end the provisions of this article a…
W. Va. Code § 23-4-23 Permanent total disability benefits; reduction of disability benefits; reduction of benefits; application of section; severability
2.3K chars
(a) This section is applicable whenever benefits are being paid for permanent total disability benefits arising under §23-4-6(d), (m), or (n) of this code or under §23-4-8c of this code. This section is not applicable to the receipt of temporary total disability benefits, the rec…
W. Va. Code § 23-4-24 Permanent total disability awards; retirement age; limitations on eligibility and the introduction of evidence; effects of other types of awards; procedures; requests for awards; jurisdiction
1.8K chars
(a) Notwithstanding any provision of this chapter to the contrary, except as stated below, no claimant shall be awarded permanent total disability benefits arising under §23-4-6(d) or (n) of this code or §23-4-8c of this code who terminates active employment and is receiving full…
W. Va. Code § 23-4-25 Permanent total disability benefits; reduction of disability benefits for wages earned by claimant
1.7K chars
(a) After April 8, 1993, a reduction in the amount of benefits as specified in subsection (b) of this section shall be made whenever benefits are being paid for a permanent total disability award regardless of when the benefits were awarded. This section is not applicable to the …
W. Va. Code § 23-4-2A Limit on liability for noneconomic loss
0.8K chars
(a) In any action brought pursuant to this article, the maximum amount recoverable as compensatory damages for noneconomic loss may not exceed the higher of two times the economic damages before offset or $500,000 for each person, regardless of the number of plaintiffs or the num…
W. Va. Code § 23-4-3 Schedule of maximum disbursements for medical, surgical, dental, and hospital treatment; legislative approval; guidelines; preferred provider agreements; charges in excess of scheduled amounts not to be made; required disclosure of financial interest in sale or rental of medically related mechanical appliances or devices; promulgation of rules to enforce requirement; consequences of failure to disclose; contract by employer with hospital, physician, etc., prohibited; criminal penalties for violation; payments to certain providers prohibited; medical cost and care program; payments; interlocutory orders
10.6K chars
(a) The Insurance Commissioner shall establish and alter from time to time, as he or she determines appropriate, a schedule of the maximum reasonable amounts to be paid to health care providers, providers of rehabilitation services, providers of durable medical and other goods, p…
W. Va. Code § 23-4B-3 To whom benefits paid
0.4K chars
Only those classes of persons who are entitled to benefits under Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is on or before December 31, 2005, without regard…
W. Va. Code § 23-4B-4 Who may subscribe
0.9K chars
Only those employers who are subject to the provisions of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, may elect to subscribe to the Coal-Workers’ Pneumoconiosis Fund to insure the liability imposed upon such employers under the provisions of Title…
W. Va. Code § 23-4-4 Funeral expenses; wrongfully seeking payment; criminal penalties
1.9K chars
(a) In case the personal injury causes death, reasonable funeral or cemetery expense, in an amount to be fixed, from time to time, by the Insurance Commissioner, shall be paid by the Insurance Commissioner, the private carrier, or self-insured employer, whichever is applicable, t…
W. Va. Code § 23-4B-5 Payment of benefits
0.5K chars
Upon receipt of an order of compensation issued pursuant to a claim for benefits filed under the provisions of Title IV of the federal Coal Mine Health and Safety Act of 1969, as amended, for claims incurred under said Act, including all claims where the date of last exposure is …
W. Va. Code § 23-4-5 Benefits for first three days after injury
0.4K chars
If the period of disability does not last longer than three days from the day the employee leaves work as the result of the injury, no award shall be allowed, except the disbursements or payments provided for in §23-4-6 and §23-4-6a of this code, but if the period of disability l…
W. Va. Code § 23-4-6 Classification of and criteria for disability benefits
26.4K chars
Where compensation is due an employee under the provisions of this chapter for personal injury, the compensation shall be as provided in the following schedule: (a) The terms "average weekly wage earnings, wherever earned, of the injured employee, at the date of injury" and "aver…
W. Va. Code § 23-4-6A Benefits and mode of payment to employees and dependents for occupational pneumoconiosis; further adjustment of claim for occupational pneumoconiosis
2.4K chars
If an employee is found to be permanently disabled due to occupational pneumoconiosis as defined in §23-4-1 of this code, the percentage of permanent disability is determined by the degree of medical impairment that is found by the Occupational Pneumoconiosis Board. The Insurance…
W. Va. Code § 23-4-6B Occupational hearing loss claims
4.7K chars
(a) In all claims for occupational hearing loss caused by either a single incident of trauma or by exposure to hazardous noise in the course of and resulting from employment, the degree of permanent partial disability, if any, shall be determined in accordance with the provisions…
W. Va. Code § 23-4-6C Benefits payable to certain sheltered workshop employees; limitations
0.7K chars
Notwithstanding the provisions of section six, six-a or six-b of this article or any other provision of this chapter, the minimum weekly benefit payments under subsection (b), section six of this article shall not apply to employees who work at nonprofit "workshops" as defined in…
W. Va. Code § 23-4-6D Benefits payable to part-time employees
2.6K chars
(a) For purposes of this section, a part-time employee means an employee who, at the date of injury, is customarily employed 25 hours per week or less on a regular basis and is classified by the employer as a part-time employee: Provided, That the term "part-time employee" shall …
W. Va. Code § 23-4-7 Release of medical information to employer; legislative findings; effect of application for benefits; duty of employer
2.0K chars
(a) The Legislature hereby finds and declares that two of the primary objectives of the workers’ compensation system established by this chapter are to provide benefits to an injured claimant promptly and to effectuate his or her return to work at the earliest possible time; and …
W. Va. Code § 23-4B-7 Administration
1.4K chars
The Coal-Workers’ Pneumoconiosis Fund shall be administered by the Insurance Commissioner, who shall employ any employees and contract with any parties necessary to discharge his or her duties and responsibilities under this article. All payments of salaries and expenses of the e…
W. Va. Code § 23-4-7A Monitoring of injury claims; legislative findings; review of medical evidence; recommendation of authorized treating physician; medical evaluations; temporary total disability benefits and the termination thereof; mandatory action; additional authority; suspension of benefits
10.3K chars
(a) The Legislature hereby finds and declares that injured claimants should receive the type of treatment needed as promptly as possible; that overpayments of benefits with the resultant hardship created by the requirement of repayment should be minimized; and that to achieve the…
W. Va. Code § 23-4-7B Trial return to work; Insurance Commissioner to develop rules
0.6K chars
(a) The Legislature hereby finds and declares that it is in the interest of employees and employers 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 o…
