Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-8-3 - DefinitionsAs 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. "Casual employer," as the term is used in W. Va. Code § 23-2-1(b)(4) and this rule, means an employer who employs not more than three (3) employees for a period that is temporary, intermittent, and sporadic in nature and does not exceed ten (10) calendar days in any calendar quarter.3.2. "Classification" means categorization of employees for the purpose of assessing risk, ratemaking, and developing premium charges.3.3. "Domestic services" means services of a household nature performed by an employee in or about a private home of the person by whom he or she is employed. A private home is a fixed place of abode of an individual or family. If a dwelling house is used primarily for the purpose of supplying board or lodging to the public as a business enterprise, it is not a private home and the services performed therein are not domestic services. 3.3.1. In general, services of a household nature in or about a private home include services performed by cooks, butlers, housekeepers, governesses, maids, valets, babysitters, caretakers, caregivers, medical providers, handymen, gardeners, and chauffeurs of automobile for family use.3.3.2. The term "domestic services" does not include services of a household nature performed by an employee in or about the private home of a person when that employee is employed by someone other than a member of the household. For example, employees of maid services, temporary employment agencies, or other businesses do not provide domestic services under the provisions of this rule.3.4. "Employee" has the meaning ascribed to that term by W. Va. Code §§ 23-2-1 and 23-2-1a. "Employee" does not include a person hired as, and classified as, an independent contractor pursuant to the West Virginia Employment Law Worker Classification Act, as set forth in W.Va. Code § 21-51-1et seq., and the test established within W.Va. Code § 21-51-4 for classification of independent contractors.3.5. "Employer" has the meaning ascribed to that term by W. Va. Code § 23-2-1, and includes, but is not limited to, any individual, sole proprietor, firm, partnership, limited partnership, limited liability company, joint venture, association, corporation, company, organization, receiver, estate, trust, guardian, executor, administrator, government entity or any other entity regularly employing another person for the purpose of carrying on any form of industry, service or business in this state.3.5.1. "Industry, service or business," as the term is used in W. Va. Code § 23-2-1(a) and this rule, means an occupation or an employment engaged in for the purposes of obtaining a livelihood or for profit or gain. This term includes any not-for-profit entity or volunteer organization to the extent that such entity or organization employs individuals.3.5.2. "Carrying on any form of industry, service or business in this state," as the term is used in W. Va. Code § 23-2-1(a) and this rule, means that the employer; 3.5.2.a. Has obtained or is required to obtain authorization to do business in West Virginia; or3.5.2.b. Operates a business or plant or maintains an office in West Virginia; or3.5.2.c. Hires employees in West Virginia; or3.5.2.d. Hires West Virginia residents to work at a West Virginia facility or office; or3.5.2.e. Utilizes labor on a regular basis at a West Virginia facility for the employer.3.5.3. An employer who meets one or more of the above stated criteria and otherwise meets the definition of "employer" may still be exempt from having to maintain workers' compensation coverage under the provisions of W. Va. Code § 23-2-1(b) or of section 4.3. of this rule.3.6. "Employment" or "regularly employing" means engaging the services of a person or persons as an employee or as employees in return for wages or other compensation.3.7. "Extraterritorial employee" means an employee who is not a resident of the State of West Virginia and who is subject to the terms and provisions of the workers' compensation law or similar laws of a state other than the State of West Virginia.3.8. "Independent contractor" means a person classified as an independent contractor pursuant to the West Virginia Employment Law Worker Classification Act, as set forth in W.Va. Code § 21-51-1et seq., and the test established within W.Va. Code § 21-51-4 for classification of independent contractors.3.9. "Insurance Commissioner" or "Commissioner" means the Insurance Commissioner of West Virginia as provided for in section one, article two, chapter thirty-three of the West Virginia Code.3.10. "Old Fund" means the fund created pursuant to W. Va. Code § 23-2C-2(l).3.11. "Old Fund default" means being on the Insurance Commissioner's default list as defined in W. Va. Code St. R. § 85-11-1et seq. as a result of owing money to the Old Fund.3.12. "Payroll" means the term as defined in the most current approved filing of the Insurance Commissioner's designated rating organization for workers' compensation.3.13. "Policy default" means a policyholder that had its policy cancelled as a result of a failure to comply with the terms of the policy.3.14. "Policyholder" means an employer that has been issued a West Virginia workers' compensation insurance policy by a private carrier and currently has coverage under said policy.3.15. "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.3.16. "Self-insured employer" means an employer who is eligible and has been granted self-insured status under the provisions of W. Va. Code § 23-2-9.3.17. "Temporary" or "Temporarily," as the term is used in W.Va. Code §§ 23-2-1(b)(3), 23-2-1a(a)(1), and 23-2-1c(c), and in this rule, means for a period not exceeding thirty (30) calendar days within any three hundred and sixty-five (365) day period.3.18. "Transitory," as the term is used in W. Va. Code § 23-2-1a(a)(1) and this rule, means for a period not exceeding thirty (30) calendar days within any three hundred and sixty-five (365) day period.3.19. "Temporary, intermittent and sporadic," as the term is used in W. Va. Code §§ 23-2-1(b)(4) and in this rule, means for a period not exceeding ten (10) working days in any ninety (90) day period.3.20. "Uninsured Employers' Fund" means the fund created pursuant W. Va. Code § 23-2C-2(o).3.21. "Uninsured Employers' Fund default" means being on the Insurance Commissioner's default list, defined in W.Va. Code St. R. § 85-11-1et seq., as a result of owing money to the Uninsured Employers' Fund.3.22. "West Virginia workers' compensation coverage" means workers' compensation coverage which provides the employees of the insured employer, workers' compensation benefits consistent with chapter twenty-three of the West Virginia Code and the rules promulgated thereunder.