Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-6-3 - Definitions As used in this rule, the following terms, words, and phrases have the meanings stated unless in any instance where such term, word or phrase is employed and the context expressly indicates that another meaning is intended.
3.1. "Industrial Council" means the Industrial Council created pursuant to W. Va. Code § 23-2C-5.3.2. "Code of West Virginia" and "West Virginia Code" mean the West Virginia Code of 1931, as amended.3.3. "Insurance Commissioner" means the Insurance Commissioner of West Virginia as provided in section one, article two, chapter thirty-three of the West Virginia Code.3.4. "Payment interval" means each periodic payment of the employer's workers' compensation coverage obligation to the private carrier as established by the workers' compensation policy.3.5. "Payroll" means the term as defined in the most current approved filing of the Insurance Commissioner's designated rating organization for workers' compensation.3.6. "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.3.7. "Private carrier regulatory surcharge" is the surcharge described in subsection 2.3. of this rule.3.8. "Self-insured employer regulatory surcharge" is the surcharge described in subsection 2.4. of this rule.3.9. "Self-insurer" and "self-insured employer" mean an employer who is eligible and have been granted self-insured status under the provisions of W. Va. Code § 23-2-9. 3.10. "Total Assessable Workers' Compensation Premium Due" means the premium payable at each payment interval to a private carrier by an employer for its West Virginia workers' compensation coverage under chapter twenty-three of the West Virginia Code, including, but not limited to, the base rate premium as adjusted by any experience modification factor. "Total assessable workers' compensation premium due" shall also be computed prior to the application of all discounts based on deductible provisions in policies. The Insurance Commissioner has discretion to determine which premiums constitute premiums for West Virginia workers' compensation coverage and which premiums constitute other insurance coverage subject to premium taxes and surcharges under chapter thirty-three of the West Virginia Code: Provided, That under no circumstances may any premiums be subject to both the surcharges under chapter twenty-three of the West Virginia Code and this rule and taxes and surcharges under thirty-three of the West Virginia Code. Premiums payable for insurance coverage necessitated by federal law, including, but not limited to, Federal Black Lung and USL&H coverage, and for any type of employer's liability coverage, including, but not limited to, coverage for liability arising under W. Va. Code § 23-4-2(d)(2) are not included in the "total assessable workers' compensation premium:" Provided, further, That, with the exception of premiums for coverage necessitated by federal law, premiums for standard limits of employer's liability coverage included in a workers' compensation policy are included in "total assessable workers' compensation premium due."3.11. "WCDRF premiums surcharge" is the surcharge described in subsection 2.1. of this rule.3.12. "WCDRF self-insured employer surcharge" is the surcharge described in subsection 2.2. of this rule.