(a) As recognized by the Supreme Court of Appeals of West Virginia in Wampler Foods, Inc. v. Workers Compensation Division, 216 W.Va. 129, 602 S.E.2d 805 (2004), and in recognition that a deficit of such critical proportions existed in the workers compensation fund that it constituted an immediate and long term threat to the solvency […]
Each officer who serves subpoenas on behalf of the Insurance Commissioner shall receive the same fee as a sheriff and each witness who appears in obedience to a subpoena before the Insurance Commissioner or duly appointed employee shall receive for his or her attendance the fees and mileage provided for witnesses in civil cases in […]
(a) In an investigation into any matter arising under this chapter, the Insurance Commissioner may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in the circuit court, but the depositions shall be upon reasonable notice to claimant and employer or other […]
A transcribed copy of the evidence and proceedings, or any specific part thereof, on any investigation or hearing, taken by a stenographer appointed by the Insurance Commissioner and certified and sworn to by the stenographer to be a true and correct transcript of the testimony in the investigation or hearing, or of a particular witness, […]
(a) The Insurance Commissioner shall adopt reasonable and proper rules of procedure, regulate and provide for the kind and character of notices, and the service of the notices, in cases of accident and injury to employees, the nature and extent of the proofs and evidence, the method of taking and furnishing of evidence to establish […]
The Insurance Commissioner shall prepare and furnish free of cost forms (and provide in his or her rules for their distribution so that they may be readily available) of applications for benefits for compensation, notices to employers, proofs of injury or death, of medical attendance, of employment and wage earnings, and any other forms considered […]
The Insurance Commissioner is not bound by the usual common-law or statutory rules of evidence, but shall adopt formal rules of practice and procedure as herein provided, and may make investigations in a manner that in his or her judgment is best calculated to ascertain the substantial rights of the parties and to carry out […]
Annually, on or about September 15, in each year, the Insurance Commissioner and the Occupational Pneumoconiosis Board shall make a report as of June 30 addressed to the Governor, which shall include a statement of the causes of the injuries for which the awards were made, an explanation of the diagnostic techniques used by the […]
No employee of the Insurance Commissioner shall be compelled to testify as to the basis, findings, or reasons for any decision or order rendered by the employee under this chapter in any hearing conducted pursuant to 23-5-1 et seq. of this code.
(a) Any person, firm, corporation, or other entity which willfully, by means of false statement or representation, or by concealment of any material fact, or by other fraudulent scheme, device, or artifice on behalf of himself or herself, itself, or others, obtains or attempts to obtain benefits, payments, allowances, or reduced premium costs or other […]
The Insurance Commissioner shall have the power and duty to: (1) Establish operating guidelines and policies designed to ensure the effective regulation of the workers compensation insurance market in West Virginia and effectuate the provisions of this chapter;
[Repealed.]
[Repealed.]
[Repealed.]
Notwithstanding any other provision of this code, the Insurance Commissioner may: (1) Exempt no more than 20 positions of the offices of the Insurance Commissioner from the classified service of the state, the employees of which positions shall serve at the will and pleasure of the commissioner: Provided, That such exempt positions shall be in […]
[Repealed.]
(a) Notwithstanding any other provision of this code, with regard to an objection, protest, or any other decision issued after June 30, 2022, all powers and duties of the Workers Compensation Office of Judges, as provided in this chapter, shall be transferred to the Workers Compensation Board of Review. (b) Notwithstanding any other provision of […]
The Insurance Commissioner shall report at least quarterly to the Joint Committee on Government and Finance regarding the funds created in 23-2C-1 et seq. of this code. This analysis shall include the current balances in the fund and revenue generated and expended in relationship to the liabilities and assets of the funds and estimates of […]
[Repealed.]
(a) The Insurance Commissioner shall establish a program to require the acceptance of disbursements by electronic transfer from the funds created in 23-2C-1 et seq. of this code to employers, vendors, claimants, and all others lawfully entitled to receive such disbursements. (b) The Insurance Commissioner may establish a program to require payments of deposits and […]
