A BILL to repeal §23-5-17 and §23-5-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-1d of said code; to amend and reenact §23-2A-1 of said code; to amend and reenact §23-2C-8 and §23-2C-21 of said code; to amend and reenact §23-4-6b of said code; to amend said code by adding thereto a new section, designated §23-4-8d; to amend and reenact §23-5-1 and §23-5-3 of said code; and to amend and reenact §33-2-22 of said code, all relating to workers' compensation; eliminating obsolete sunset provisions; redefining the responsibility of prime contractors to injured employees of their subcontractors; clarifying subrogation rights with respect to employees injured by third parties; providing for a unitary decision-making process in claims involving the Uninsured Employers Fund; extending the scope of permissible remedies to include those in the general insurance code; permitting the recovery of administrative costs in certain actions; eliminating mandatory allocation in hearing loss claims; authorizing the adoption of exempt legislative rules; providing that claims for medical benefits in occupational pneumoconiosis claims may be made at any time; clarifying that a sixty-day period applies to various protests; extending the jurisdiction of the office of judges to hear certain protests; mandating conditional payments in certain instances; and authorizing the Insurance Commissioner to compromise and settle claims for moneys due the Old Fund and Uninsured Employers Fund.
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.
§23-2C-21. Limitation of liability of insurer or third-party administrator; administrative fines are exclusive remedies.
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% of Speech Discrimination % of Permanent Partial Disability |
90% and up to and including 100% 0% |
80% and up to but not including 90% 1% |
70% and up to but not including 80% 3% |
60% and up to but not including 70% 4% |
0% and up to but not including 60% 5% |
§23-5-1. Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing.
(a) Upon termination of the Workers' Compensation Commission, all of the powers and authority previously conferred upon the Workers' Compensation Commission pursuant to article two, chapter twenty-three of this code, relating to employers in default to the Workers' Compensation Fund, are hereby transferred to the Insurance Commissioner and shall be applied by the commissioner to those employers in default to the old fund or having liability to the Uninsured Employers' Fund or who are in policy default or fail to maintain mandatory workers' compensation coverage, all as defined in article two-c, chapter twenty-three of this code.§33-2-22. Authority of Insurance Commissioner regarding employers in default to workers' compensation funds; injunctions against defaulting employers.