§23-2C-1. Findings and Purpose
(a) The Legislature finds that: (1) There is a long-term actuarial funding crisis in the state-run monopolistic workers compensation system;
§23-2C-10. West Virginia Adverse Risk Assignment
(a) The Insurance Commissioner shall provide for the development and administration of an assigned risk plan to provide workers' compensation insurance coverage to employers who are unable to procure coverage in the voluntary market. (b) To qualify for coverage under the plan, an employer must have been categorically declined coverage by at least two insurers […]
§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
[Repealed.]
§23-2C-12. Certain Personnel Provisions Governing Workers Compensation Commission Employees and Employees Laid Off by the Employers Mutual Insurance Company During Its Initial Year of Operation
A person who was employed by the former Workers Compensation Commission upon its termination or was laid off by the employers mutual insurance company created in this article on or before June 30, 2008, is entitled to be placed on an appropriate reemployment list maintained by the Department of Personnel and to be allowed a […]
§23-2C-13. Certain Retraining Benefits to Those Employees Laid-Off by the Mutual During Its First Year of Operation
[Repealed.]
§23-2C-14. Certain Benefits Provided to Commission Employees
[Repealed.]
§23-2C-15. Mandatory Coverage; Changing of Coverage
(a) An employer may elect to purchase workers compensation insurance from another a private carrier licensed and otherwise authorized to transact workers compensation insurance in this state or (3) self-insure its obligations if it satisfies all requirements of this code to so self-insure and is permitted to do so. Private carriers are permitted to sell […]
§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
(a) The Insurance Commissioner shall review claims determined to be payable from the Old Fund, Uninsured Employer Fund, Self-Insured Employer Guaranty Risk Pool, Self-Insured Employer Security Risk Pool, and Private Carrier Guaranty Fund and may contest the determination pursuant to the provisions of 23-5-1 et seq. of this code. The Insurance Commissioner may retain a […]
§23-2C-17. Administration of a Competitive System
(a) Every policy of insurance issued by a private carrier: (1) Shall be in writing;
§23-2C-18. Ratemaking; Insurance Commissioner
(a)(1) Rates for workers compensation insurance are subject to the provisions of this section, 23-2C-18a of this code, and 33-20-1 et seq. of this code. (2) In the event of any conflict, the provisions of this article shall have paramount effect, but the provisions in this chapter and Chapter 33 of this code shall be […]
§23-2C-18a. Designation of Rating Organization
(a) For the purposes of this section: (1) "Classification system" or "classification" means the plan, system or arrangement for grouping risks with similar characteristics or a specified class of risk by recognizing differences in exposure to hazards.
§23-2C-19. Premium Payment; Employer Default; Special Provisions as to Employer Default Collection
(a) Each employer who is required to purchase and maintain workers compensation insurance or who elects to purchase workers compensation insurance shall pay a premium to a private carrier. Each carrier shall notify its policyholders of the mandated premium payment methodology and under what circumstances a policyholder will be found to be in policy default. […]
§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 […]
§23-2C-20. Claims Administration Issues
(a) Private carriers and self-insured employers shall at all times be bound and shall comply fully with all of the provisions of this chapter. Furthermore, all of the provisions contained in 23-4-1 et seq. of this code pertaining to disability and death benefits are binding on and shall be strictly adhered to by the successor […]
§23-2C-21. Limitation of Liability of Insurer or Third-Party Administrator; Administrative Fines Are Exclusive Remedies
(a) No civil action may be brought or maintained by an employee against a private carrier or a third-party administrator, or any employee or agent of a private carrier or third-party administrator, who violates any provision of this chapter or Chapter 33 of this code. (b) Any administrative fines or remedies provided in this chapter […]
§23-2C-22. Rules
Except as otherwise provided in this chapter, all rules applicable to the former Workers' Compensation Commission are hereby adopted and made effective as to the operation of the Workers' Compensation insurance market to the extent that they are not in conflict with the current law. Authority to enforce the existing rules and the regulatory functions […]
§23-2C-23. Transfer of Assets and Contracts
[Repealed.]
§23-2C-24. Surplus Note or Other Loan Arrangement for New Fund
[Repealed.]
§23-2C-3. Private Carriers Not Subject to Certain Premium Taxes, Surcharges, and Credits; Regulatory Surcharge Imposed on Private Carriers and Self-Insured Employers
Private carriers including the company, are not subject to payment of insurance premium taxes, surcharges, and credits contained in 33-3-1 et seq. of this code on premiums received for workers compensation insurance coverage under this chapter. In lieu thereof, the workers compensation insurance market is subject to the following: (1)(A) With respect to fiscal years […]
§23-2C-3a. Employers Mutual Insurance Company – Additional Provisions Enacted in November 2005
[Repealed.]