West Virginia Code
Article 2C. Employers' Mutual Insurance Company
§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 to the commission, private carriers, and the self-insured employer in their administration of claims presented by employees of the self-insured employer private carriers and self-insured employers.
(b) The Occupational Pneumoconiosis Board shall be administered by the Insurance Commissioner. Private carriers and self-insured employers shall have all authority and responsibility in the administration and processing of occupational pneumoconiosis claims.
(c) Upon termination of the former Workers Compensation Commission, claims allocation responsibilities transferred to the Insurance Commissioner.
(d) The Insurance Commissioners third-party administrator for the Old Fund has administrative and adjudicatory authority in administering old law liability and deciding old law claims.

Structure West Virginia Code

West Virginia Code

Chapter 23. Workers' Compensation

Article 2C. Employers' Mutual Insurance Company

§23-2C-1. Findings and Purpose

§23-2C-2. Definitions

§23-2C-3. Private Carriers Not Subject to Certain Premium Taxes, Surcharges, and Credits; Regulatory Surcharge Imposed on Private Carriers and Self-Insured Employers

§23-2C-3a. Employers Mutual Insurance Company - Additional Provisions Enacted in November 2005

§23-2C-4. Governance and Organization

§23-2C-5. Creation of the Industrial Council; Duties

§23-2C-6. Continuation of Old Fund, Uninsured Employer Fund, Self-Insured Employer Guaranty Risk Pool, and Self-Insured Employer Security Risk Pool

§23-2C-7. Custody, Investment and Disbursement of Funds

§23-2C-8. Workers Compensation Uninsured Employer Fund

§23-2C-10. West Virginia Adverse Risk Assignment

§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

§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

§23-2C-13. Certain Retraining Benefits to Those Employees Laid-Off by the Mutual During Its First Year of Operation

§23-2C-14. Certain Benefits Provided to Commission Employees

§23-2C-15. Mandatory Coverage; Changing of Coverage

§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

§23-2C-17. Administration of a Competitive System

§23-2C-18. Ratemaking; Insurance Commissioner

§23-2C-18a. Designation of Rating Organization

§23-2C-19. Premium Payment; Employer Default; Special Provisions as to Employer Default Collection

§23-2C-20. Claims Administration Issues

§23-2C-21. Limitation of Liability of Insurer or Third-Party Administrator; Administrative Fines Are Exclusive Remedies

§23-2C-22. Rules

§23-2C-23. Transfer of Assets and Contracts

§23-2C-24. Surplus Note or Other Loan Arrangement for New Fund