2022 West Virginia Code
Chapter 23. Workers' Compensation
Article 2C. Employers' Mutual Insurance Company
§23-2C-2. Definitions

(a) "Insurance Commissioner" means the Insurance Commissioner of West Virginia as provided in 33-2-1 of this code.

(b) "Policy default" means a policyholder that has failed to comply with the terms of its workers compensation insurance policy and is consequently without workers compensation insurance coverage.

(c) "Workers compensation insurance" means insurance which provides all compensation and benefits required by this chapter.

(d) "Insurer" includes:

(e) "Industrial Council" means the advisory group established in 23-2C-5 of this code.

(f) "Old Fund" means a fund held by the State Treasurers office consisting of those funds transferred to it from the defunct Workers Compensation Fund or other sources and those funds due and owing the defunct Workers Compensation Fund as of June 30, 2005, that are thereafter collected. The Old Fund and assets in the fund remain property of the state after the transition to a private market.

(g) "Old Fund liabilities" mean all claims payment obligations (indemnity and medical expenses), related liabilities and appropriate administrative expenses necessary for the administration of all claims, actual and incurred but not reported, for any claim with a date of injury or last exposure on or before June 30, 2005: Provided, That Old Fund liabilities include all claims payments for any claim, regardless of date of injury or last exposure, through December 31, 2005: Provided, however, That Old Fund liabilities include all claims with dates of injuries or last exposure prior to July 1, 2004, for bankrupt self-insured employers that had defaulted on their claims obligations which were recognized by the former Workers Compensation Commission in its actuarially determined liability number as of June 30, 2005.

(h) "Private carrier" means any insurer or the legal representative of an insurer authorized by the Insurance Commissioner to provide workers compensation insurance pursuant to this chapter. The term does not include a self-insured employer or private employers.

(i) "Uninsured Employer Fund" means a fund held by the State Treasurers office consisting of those funds transferred to it from the defunct Workers Compensation Fund and any other source. Disbursements from the Uninsured Employer Fund shall be upon requisitions signed by the Insurance Commissioner, and as otherwise set forth in an exempt legislative rule promulgated by the Industrial Council.

(j) "Self-Insured Employer Guaranty Risk Pool" is a fund held by the State Treasurers office consisting of those funds transferred to it from the guaranty pool created pursuant to 85 CSR 19 (2007) and any future funds collected through continued administration of that exempt legislative rule as administered by the Insurance Commissioner. Disbursements shall be made from the Self-Insured Employer Guaranty Risk Pool upon requisitions signed by the Insurance Commissioner. The obligations of the fund are as provided in 85 CSR 19 (2007).

(k) "Self-Insured Employer Security Risk Pool" is a fund held by the State Treasurer consisting of those funds paid into it through the Insurance Commissioners administration of 85 CSR 19 (2007). Disbursement from the fund shall be made from the Self-Insured Employer Security Risk Pool upon requisitions signed by the Insurance Commissioner. The obligations of the fund are as provided in 85 CSR 19: Provided, That the liabilities are limited to those self-insured employers who default on their claims obligations after the termination of the former Workers Compensation Commission.

(l) "Voluntary market" means the workers compensation insurance market in which insurers voluntarily offer coverage to applicants who meet the insurers underwriting standards or guidelines.