Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-5-2 - Definitions The following terms and words have the meanings stated, unless the context clearly indicates otherwise.
2.1. Executive Director" means the executive director of the West Virginia Workers' Compensation Commission pursuant to W. Va. Code § 23-1-1b.2.2. "Commission" means the West Virginia Workers' Compensation Commission as provided for by W. Va. Code § 23-1-1, and where appropriate, reference to the Commission shall include the self-insured employer."2.3. "Act" means the workers' compensation laws of the State of West Virginia that are codified at chapter twenty-three of the Code of West Virginia.2.4. "Code of West Virginia" and "West Virginia Code" means the West Virginia Code of 1931 as amended.2.5. "This rule" means the present exempt legislative rule that is designated in the caption here as title 85, series 5.2.6. "Board" means the Workers' Compensation Board of Managers created pursuant to the provisions of West Virginia Code Section 23-1-1a, et seq.2.7. "PTD Application" shall mean an application for permanent total disability benefits provided for in West Virginia Code Section 23-4-6(d), et seq.2.8. "PTD Recipient" shall mean any individual receiving permanent total disability benefits from the Commission or its predecessor agencies, self-insured employers or private carriers, whichever may be applicable, regardless or date of injury, date of last exposure, or date of award.2.9. "PTD Award" shall mean an award of permanent total disability benefits, regardless or date of injury, date of last exposure, or date of award. 2.10. "Insurance Commissioner" means the insurance commissioner of West Virginia as provided in section one, article two, chapter thirty-three of the West Virginia Code.2.11. "Insurer" shall mean 1) as self-insured employer; or 2) a private carrier.2.12. "Private carrier" means any insurer authorized by the insurance commissioner to provide workers' compensation insurance pursuant to chapters twenty-three and thirty-three of the West Virginia Code.2.13. "Reviewing body" means the interdisciplinary examining board or, upon termination of the Commission, the reviewing body who has jurisdiction over the claim as set forth in the provisions of W. Va. Code § 23-4-6(j).