(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
Chapter 23. Workers' Compensation
Article 2C. Employers' Mutual Insurance Company
§23-2C-1. Findings and Purpose
§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-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-14. Certain Benefits Provided to Commission Employees
§23-2C-15. Mandatory Coverage; Changing of Coverage
§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-23. Transfer of Assets and Contracts
§23-2C-24. Surplus Note or Other Loan Arrangement for New Fund