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2009 West Virginia Code
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 Authority of Insurance Commission to exempt employees from classified service; exemption from purchasing rules.
- §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- §23-1-16 Repealed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.
- §23-1-20 Employment preference for employees in workers' compensation litigation unit.
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 Prime contractors and subcontractors liability.
- §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; self administration; rules; penalties; regulation of self-insurers.
- §23-2-9a Sanctions for default by self-insured employers; rulemaking authority.
- §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 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 Workers' Compensation Uninsured Employer Fund.
- §23-2C-9 Repealed
- §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-18a Designation of rating organization.
- §23-2C-19 Premium payment; employer default; special provisions as to employer default 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; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters.
- §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, 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 employees; limitations.
- §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; Insurance Commissioner to develop rules.
- §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 Occupational pneumoconiosis claims never closed for medical benefits.
- §23-4-8e Repealed
- §23-4-8f Repealed
- §23-4-9 Physical and vocational rehabilitation.
- §;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; 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.
- §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 Insurance Commissioner; private carrier 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 receiving of attorney fees.
- §23-5-17 Repealed
- §23-5-18 Repealed
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.
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