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2005 West Virginia Code - CHAPTER 23. — WORKERS\' COMPENSATION
- CHAPTER 23. — WORKERS' COMPENSATION.
- ARTICLE 1. — GENERAL ADMINISTRATIVE PROVISIONS.
- §23-1-1. — Workers' Compensation Commission created; findings.
- §23-1-1a. — Workers' Compensation Board of managers; appointment; composition; qualifications; terms; chairperson; meetings and quorum; compensation and travel expenses; powers and duties.
- §23-1-1b. — Executive Director; qualifications; oath; seal; removal; powers and duties.
- §23-1-1c. — Payment withholding; interception; penalty.
- §23-1-1d. — Rules of former division of workers' compensation.
- §23-1-1e. — Transfer of assets and contracts; ability to acquire, own, lease and otherwise manage property.
- §23-1-1f. — Continuation.
- §23-1-1g. — Legislative intent to create a quasi-public entity.
- §23-1-2. — Oversight of the workers' compensation commission.
- §23-1-3. — Payment of salaries and expenses generally; manner; limitation.
- §23-1-4. — Office hours; records; confidentiality; exceptions.
- §23-1-4a. — Bond for executive director and associate director.
- §23-1-5. — Office of executive director; hearings.
- §23-1-6. — Employment of associate director and other assistants; compensation and travel expenses.
- §23-1-7. — Associate director to act during executive director's absence or inability to act and in case of vacancy; bond of associate director.
- §23-1-8. — Authority of executive director and employees as to oaths and evidence.
- §23-1-9. — Compelling compliance with order or subpoena.
- §23-1-10. — Fee of officer serving subpoena; fees and mileage of witnesses.
- §23-1-11. — Depositions; investigations.
- §23-1-12. — Copies of proceedings as evidence.
- §23-1-13. — Rules of procedure and evidence; persons authorized to appear in proceedings; withholding of psychiatric and psychological reports and providing summaries thereof.
- §23-1-14. — Forms.
- §23-1-15. — Procedure before commission.
- §23-1-16. — Repealed.
- §23-1-17. — Annual report by the Insurance Commissioner and Occupational Pneumoconiosis Board.
- §23-1-18. — Commission employees not subject to subpoena for workers' compensation hearings.
- §23-1-19. — Civil remedies.
- ARTICLE 2. — EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.
- §23-2-1. — Employers subject to chapter; elections not to provide certain coverages; notices; filing of business registration certificates.
- §23-2-1a. — Employees subject to chapter.
- §23-2-1b. — Special provisions as to premiums.
- §23-2-1c. — Extraterritorial coverage; approval and change of agreements.
- §23-2-1d. — Primary contractor liability; definitions; applications and exceptions; certificates of good standing; reimbursement and indemnification; termination of contracts; effective date; collections efforts.
- §23-2-2. — Commission to be furnished information by employers, State Tax Commissioner and division of unemployment compensation; secrecy of information; examination of employers, etc.; violation a misdemeanor.
- §23-2-3. — Report forms and other forms for use of employers.
- §23-2-4. — Classification of industries; rate of premiums; authority to adopt various systems; accounts.
- §23-2-5. — Application; payment of premium taxes; gross wages; payroll report; deposits; delinquency; default; reinstatement; payment of benefits; notice to employees; criminal provisions; penalties.
- §23-2-5a. — Collection of premiums from defaulting employers; interest and penalties; civil remedies; creation and enforcement of lien against employer and purchaser; duty of Secretary of State to register liens; distraint powers; insolvency proceedings; Secretary of State to withhold certificates of dissolution; injunctive relief; bond; attorney fees and costs.
- §23-2-5b. — Repealed.
- §23-2-5c. — Statute of limitations; effective date for new payments; previous payments due not affected.
- §23-2-5d. — Uncollectible receivables; write-offs.
- §23-2-6. — Exemption of contributing employers from liability.
- §23-2-6a. — Exemption from liability of officers, managers, agents, representatives or employees of contributing employers.
- §23-2-7. — Benefits of chapter may not be waived by contract or regulation.
- §23-2-8. — Liability of employer electing not to pay or defaulting in payment of premiums; certain common-law defenses prohibited; exceptions.
- §23-2-9. — Election of employer or employers' group to be self-insured and to provide own system of compensation; exceptions; catastrophe coverage; self administration; rules; penalties; regulation of self-insurers.
- §23-2-10. — Application of chapter to interstate commerce.
- §23-2-11. — Partial invalidity of chapter.
- §23-2-12. — Effect of repeal or invalidity of chapter on action for damages.
- §23-2-13. — Interest on past-due payments; reinstatement agreements.
- §23-2-14. — Sale or transfer of business; attachment of lien for premium, etc.; payments due; criminal penalties for failure to pay; creation and avoidance or elimination of lien; enforcement of lien; successor liability.
- §23-2-15. — Liabilities of successor employer; waiver of payment by commission; assignment of predecessor employer's premium rate to successor.
- §23-2-16. — Acceptance or assignment of premium rate.
- §23-2-17. — Employer right to hearing; content of petition; appeal.
- §23-2-18. — Repealed.
- ARTICLE 2A. — SUBROGATION.
- §23-2A-1. — Subrogation; limitations; effective date.
- §23-2A-2. — Repealed.
- ARTICLE 2B. — OCCUPATIONAL SAFETY AND HEALTH PROGRAMS.
- §23-2B-1. — Occupational safety and health activities; voluntary compliance; consultative services.
- §23-2B-2. — Mandatory programs; safety committees; requirements; rules; exceptions.
- §23-2B-3. — Premium rate credits; qualified loss management program; loss management firms; penalties; rules.
- ARTICLE 2C. — EMPLOYERS' MUTUAL INSURANCE COMPANY.
- §23-2C-1. — Findings and purpose.
- §23-2C-2. — Definitions.
- §23-2C-3. — Creation of employer mutual as successor organization of the West Virginia Workers' Compensation Commission.
- §23-2C-3a. — Employers' mutual insurance company - additional provisions enacted in November 2005.
- §23-2C-4. — Governance and organization.
- §23-2C-5. — Creation of the industrial council; duties.
- §23-2C-6. — Creation of new fund, old fund, mutualization transition fund, uninsured employer fund, self-insured employer guaranty risk pool, self-insured employer security risk pool, private carrier guaranty fund, and assigned risk fund.
- §23-2C-7. — Custody, investment and disbursement of funds.
- §23-2C-8. — West Virginia Uninsured Employer Fund.
- §23-2C-9. — West Virginia Private Carrier Guaranty Fund.
- §23-2C-10. — West Virginia adverse risk assignment.
- §23-2C-11. — Transfer of assets from new fund to the mutual insurance company established as a successor to the commission; transfer of commission employees.
- §23-2C-12. — Certain personnel provisions governing employees laid-off by the mutual during its initial year of operation.
- §23-2C-13. — Certain retraining benefits to those employees laid-off by the mutual during its first year of operation.
- §23-2C-14. — Certain benefits provided to commission employees.
- §23-2C-15. — Mandatory coverage; changing of coverage.
- §23-2C-16. — Administration of Old Fund, Uninsured Employer Fund, Self-Insured Employer Guaranty Risk Pool, Self-Insured Employer Security Risk Pool and Private Carrier Guaranty Fund.
- §23-2C-17. — Administration of a competitive system.
- §23-2C-18. — Ratemaking; Insurance Commissioner.
- §23-2C-19. — Special provisions as to private carrier premium collection.
- §23-2C-20. — Claims administration issues.
- §23-2C-21. — Limitation of liability of insurer or third-party administrator; administrative fines are exclusive remedies.
- §23-2C-22. — Rules.
- §23-2C-23. — Transfer of assets and contracts.
- §23-2C-24. — Surplus note or other loan arrangement for new fund.
- ARTICLE 2D. — WORKERS' COMPENSATION DEBT REDUCTION BONDS.
- §23-2D-1. — Short title.
- §23-2D-2. — Legislative findings; legislative intent.
- §23-2D-3. — Definitions.
- §23-2D-4. — Workers' Compensation debt reduction revenue bonds; amount; when may issue.
- §23-2D-5. — Special account created; use of moneys in the Fund.
- §23-2D-5a. — Excess regular coal severance taxes.
- §23-2D-6. — Creation of Debt Service Fund; disbursements to pay debt service on Workers' Compensation debt reduction revenue bonds.
- §23-2D-7. — Covenants of state.
- §23-2D-8. — Workers' compensation debt reduction revenue bonds lawful investments.
- §23-2D-9. — Refunding bonds.
- §23-2D-10. — Approval and payment of all necessary expenses.
- ARTICLE 3. — WORKERS' COMPENSATION FUND.
- §23-3-1. — Compensation Fund; catastrophe and catastrophe payment defined; compensation by employers.
- §23-3-1a. — Transfer of silicosis fund to workers' compensation fund; claims under former article six.
- §23-3-2. — Custody, investment and disbursement of funds.
- §23-3-3. — Investment of surplus funds required.
- §23-3-4. — Deposits and disbursements considered abandoned property; disposition of property.
- §23-3-5. — Authorization to require the electronic invoices and transfers.
- §23-3-6. — Emergency fiscal measures.
- ARTICLE 4. — DISABILITY AND DEATH BENEFITS.
- §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.
- §23-4-1a. — Report of injuries by employee.
- §23-4-1b. — Report of injuries by employers.
- §23-4-1c. — Payment of temporary total disability benefits directly to claimant; payment of medical benefits; payments of benefits during protest; right of commission, successor to the commission, other private carriers and self-insured employers to collect payments improperly made.
- §23-4-1d. — Method and time of payments for permanent disability.
- §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.
- §23-4-1f. — Certain psychiatric injuries and diseases not compensable.
- §23-4-1g. — Weighing of evidence.
- §23-4-2. — Disbursement where injury is self-inflicted or intentionally caused by employer; legislative declarations and findings; "deliberate intention" defined.
- §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.
- §23-4-3a. — Repealed.
- §23-4-3b. — Creation of health care advisory panel.
- §23-4-3c. — Suspension or termination of providers of health care.
- §23-4-4. — Funeral expenses; wrongfully seeking payment; criminal penalties.
- §23-4-5. — Benefits for first three days after injury.
- §23-4-6. — Classification of and criteria for disability benefits.
- §23-4-6a. — Benefits and mode of payment to employees and dependents for occupational pneumoconiosis; further adjustment of claim for occupational pneumoconiosis.
- §23-4-6b. — Occupational hearing loss claims.
- §23-4-6c. — Benefits payable to certain sheltered workshop
- §23-4-6d. — Benefits payable to part-time employees.
- §23-4-7. — Release of medical information to employer; legislative findings; effect of application for benefits; duty of employer.
- §23-4-7a. — Monitoring of injury claims; legislative findings; review of medical evidence; recommendation of authorized treating physician; independent medical evaluations; temporary total disability benefits and the termination thereof; mandatory action; additional authority; suspension of benefits.
- §23-4-7b. — Trial return to work.
- §23-4-8. — Physical examination of claimant.
- §23-4-8a. — Occupational Pneumoconiosis Board; composition; term of office; duties; quorum; remuneration.
- §23-4-8b. — Occupational Pneumoconiosis Board; procedure; autopsy.
- §23-4-8c. — Occupational Pneumoconiosis Board; reports and distribution thereof; presumption; findings required of board; objection to findings; procedure thereon; limitations on refilings; consolidation of claims.
- §23-4-8d. — Repealed.
- §23-4-8e. — Repealed.
- §23-4-8f. — Repealed.
- §23-4-9. — Physical and vocational rehabilitation.
- §23-4-9a
- §23-4-9b. — Preexisting impairments not considered in fixing amount of compensation.
- §23-4-10. — Classification of death benefits; "dependent" defined.
- §23-4-11. — To whom death benefits paid.
- §23-4-12. — Application of benefits.
- §23-4-13. — Effect of abandonment of spouse.
- §23-4-14. — Computation of benefits.
- §23-4-15. — Application for benefits.
- §23-4-15a. — Nonresident alien beneficiaries.
- §23-4-15b. — Determination of nonmedical questions by commission; claims for occupational pneumoconiosis; hearing.
- §23-4-15c. — Repealed.
- §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.
- §23-4-16a. — Interest on benefits.
- §23-4-17. — Commutation of periodical benefits.
- §23-4-18. — Mode of paying benefits generally; exemptions of compensation from legal process.
- §23-4-19. — Repealed.
- §23-4-20. — Postmortem examinations.
- §23-4-21. — Severability.
- §23-4-22. — Permanent disability evaluations; limitations; notice.
- §23-4-23. — Permanent total disability benefits; reduction of disability benefits; reduction of benefits; application of section; severability.
- §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.
- §23-4-25. — Permanent total disability benefits; reduction of disability benefits for wages earned by claimant.
- ARTICLE 4A. — DISABLED WORKERS' RELIEF FUND.
- §23-4A-1. — Disabled Workers' Relief Fund created.
- §23-4A-2. — To whom benefits paid.
- §23-4A-3. — Computation of benefits.
- §23-4A-4. — Mode of payment.
- §23-4A-5. — Employers providing own system of compensation.
- §23-4A-6. — Powers of commission over disabled workers' relief fund.
- §23-4A-7. — Repealed.
- §23-4A-8. — Disabled workers' relief fund; how funded.
- §23-4A-9. — Transfer of authority to the Insurance Commissioner.
- ARTICLE 4B. — COAL-WORKERS' PNEUMOCONIOSIS FUND.
- §23-4B-1. — Purpose.
- §23-4B-2. — Coal-Workers' Pneumoconiosis Fund established.
- §23-4B-3. — To whom benefits paid.
- §23-4B-4. — Who may subscribe.
- §23-4B-5. — Payment of benefits.
- §23-4B-6. — Coal-workers' pneumoconiosis fund; how funded.
- §23-4B-7. — Administration.
- §23-4B-8. — Separable from workers' compensation fund.
- §23-4B-8a. — Legislative findings; transfers to the state; maximum transfer authorization; purpose for which moneys transferred may be disbursed and expended; maximum amount of transfer authorization; terms and conditions for repayment; premiums to be set without regard to transfers; creation of special account in state treasury.
- §23-4B-8b. — Transfer of funds to workers' compensation fund.
- §23-4B-9. — Closure of Coal-Workers' Pneumoconiosis Fund and coverage provided by the successor of the commission.
- ARTICLE 4C. — EMPLOYERS' EXCESS LIABILITY FUND.
- §23-4C-1. — Purpose.
- §23-4C-2. — Employers' excess liability fund established.
- §23-4C-3. — Payment of excess damages from fund.
- §23-4C-4. — Employers' excess liability fund; how funded.
- §23-4C-5. — Administration.
- §23-4C-6. — Novation to the successor of the commission.
- ARTICLE 5. — REVIEW.
- §23-5-1. — Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing.
- §23-5-2. — Application by employee for further adjustment of claim; objection to modification; hearing.
- §23-5-3. — Refusal to reopen claim; notice; objection.
- §23-5-4. — Application by employer for modification of award; objection to modification; hearing.
- §23-5-5. — Refusal of modification; notice; objection.
- §23-5-6. — Time periods for objections and appeals; extensions.
- §23-5-7. — Compromise and settlement.
- §23-5-8. — Designation of office of administrative law judges; powers of chief administrative law judge.
- §23-5-9. — Hearings on objections to commission or self-insured employer decisions; mediation; remand.
- §23-5-10. — Appeal from administrative law judge decision to appeal board.
- §23-5-11. — Workers' compensation board of review generally.
- §23-5-12. — Appeal to board; procedure; remand and supplemental hearing.
- §23-5-13. — Continuances and supplemental hearings; claims not to be denied on technicalities.
- §23-5-14. — Disqualification of board members.
- §23-5-15. — Appeals from final decisions of Board to Supreme Court of Appeals; procedure; costs.
- §23-5-16. — Fees of attorney for claimant; unlawful charging or
- §23-5-17. — Termination of office of judges.
- §23-5-18. — Termination of the workers' compensation appeal board and the workers' compensation board of review.
- ARTICLE 5A. — DISCRIMINATORY PRACTICES.
- §23-5A-1. — Discriminatory practices prohibited.
- §23-5A-2. — Discriminatory practices prohibited -- Medical insurance.
- §23-5A-3. — Termination of injured employee prohibited; re- employment of injured employees.
- §23-5A-4. — State employees to accrue increment pay during absence due to work-related injuries; legislative rules.
- ARTICLE 6. — SEVERABILITY; LEGISLATIVE INTENT; OPERATIVE DATE.
- §23-6-1. — Severability.
- §23-6-2. — Legislative intent.
- §23-6-3. — Operative date for particular enactment.
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