§23-6-1. Severability
If any provision of this chapter 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 chapter, and to this end the provisions of this chapter are declared to be severable.
§23-6-2. Legislative Intent
It is the intent of the Legislature in enacting the amendments to this chapter during the regular session of the Legislature in the year one thousand nine hundred ninety-nine relating to employee benefits that the compensation programs performance council consider employer rate reductions commensurate with the cost of such employee benefits.
§23-6-3. Operative Date for Particular Enactment
The amendments to this chapter effected by the enactment of Enrolled Committee Substitute for Senate Bill No. 579 during the 1999 regular session of the Legislature, become operative on July 1, 1999.
§23-5A-1. Discriminatory Practices Prohibited
No employer shall discriminate in any manner against any of his present or former employees because of such present or former employee's receipt of or attempt to receive benefits under this chapter.
§23-5A-2. Discriminatory Practices Prohibited — Medical Insurance
Any employer who has provided any type of medical insurance for an employee or his dependents by paying premiums, in whole or in part, on an individual or group policy shall not cancel, decrease his participation on behalf of the employee or his dependents, or cause coverage provided to be decreased during the entire period […]
§23-5A-3. Termination of Injured Employee Prohibited; Reemployment of Injured Employees
(a) It shall be a discriminatory practice within the meaning of section one of this article to terminate an injured employee while the injured employee is off work due to a compensable injury within the meaning of article four of this chapter and is receiving or is eligible to receive temporary total disability benefits, unless […]
§23-5A-4. State Employees to Accrue Increment Pay During Absence Due to Work-Related Injuries; Legislative Rules
(a) All employees of the State of West Virginia shall continue to accrue increment pay during absences from work due to a work-related compensable injury. (b) The director of the Division of Personnel shall propose rules for legislative approval to implement the provisions of this section.
§23-5-11. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective Until June 30, 2022
(a) On January 31, 2004, the Workers Compensation Appeal Board heretofore established in this section is hereby abolished. (b) There is created the “Workers Compensation Board of Review”, which may also be referred to as “the Board of Review” or “the board”. Effective February 1, 2004, the Board of Review shall exercise exclusive jurisdiction over […]
§23-5-11a. Workers Compensation Board of Review Generally; Administrative Powers and Duties of the Board; Effective July 1, 2022
(a) The “Workers Compensation Board of Review”, which may also be referred to as “the Board of Review” or “the board” is hereby continued and granted exclusive jurisdiction over all objections to decisions of the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, including any and all matters pending before the Office of […]
§23-5-12. Appeal to Board; Procedure; Remand and Supplemental Hearing; Effective Until June 30, 2022
(a) Any employer, employee, claimant, or dependent who shall feel aggrieved at any final action of the administrative law judge taken after a hearing held in accordance with the provisions of 23-5-9 of this code shall have the right to appeal to the board created in 23-11-1 of this code for a review of such […]