2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 271. Review of classifications and rates; use of Experience Rating Plan in fixing rates

• (a) The decision of the Commissioner of Finance fixing and regulating the premium rates for each group of occupations or industries, or any order increasing the premium rate, may be reviewed by the Governor if the aggrieved employer files a complaint with the Governor within thirty days after the decision of the Commissioner of Finance becomes effective. The Governor shall proceed to render a final decision. During the pendency of this appeal the collection of the premiums shall continue in accordance with the decision of the Commissioner of Finance; nor shall the courts issue writs of injunction enjoining the collection of said premiums during the pendency of such appeal. If the decision of the Governor reduces the rate of premium fixed by the Commissioner of Finance, the Commissioner of Finance shall not be ordered to return the excess paid in premiums, but such excess, computed from the date of the filing of the petition, shall be deducted from premiums to be collected in the future from the employers filing the petitions. In case any classification is modified by an order of the Governor as herein provided, the Commissioner of Finance shall compute new rates of premiums for all such employers as have workmen or employees within the challenged classification or classifications.

• (b) In fixing the premium rates for employers the Commissioner of Finance shall apply the following Experience Rating Plan provisions:

  • (1) Only an employer having paid premiums of $1,000 or more during the period of 3 consecutive years immediately prior to the rating date, and having paid premiums in each of these three years, shall be eligible for experience rating.

  • (2) The amount of charges to be considered in such experience rating shall consist of the payments actually made by the Government Insurance Fund during such consecutive period of 3 years on account of accident or occupational disease attributable to the particular employer, inclusive of benefits, medical, hospital and funeral costs.

  • (3) The credit to be allowed any employer shall be applied against the subsequent year's premium payment rather than as a cash refund and shall be determined according to the ratio which the chargeable claim costs paid by the Government Insurance Fund bears to the premiums received from the employer for the 3 year period in question, as follows:

(4) If the losses of any employer are such as to produce a ratio of chargeable claims to premium payments in excess of 80%, the employer's premium rate shall be increased for the year next following the rating date, as follows: