Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-9-4 - Subrogation4.1. Pursuant to W. Va. Code§ 23-2A-l, the Commissioner, on behalf of the UEF, has a right to statutory subrogation against any claim made by a UEF claimant, his or her dependents or personal representatives, against a third-party for the injury or exposure from which the claim arose: Provided, That this statutory subrogation is only to the extent of the actual monetary benefits paid or to be paid to the claimant from the UEF.4.2. Pursuant to W. Va. Code § 23-2A-l(d), it is the duty of the claimant, his or her representatives or dependents, or any attorney representing the claimant or his or her dependents or representatives, to provide the Commissioner reasonable notice of a claim being made against a third-party, as well as reasonable notice prior to the disbursement of any recovery. Failure to provide such notice shall waive an attorney's right to be paid reasonable attorney fees out of the subrogation amount and shall further give rise to a cause of action by the Commissioner on behalf of the UEF against the claimant, his or her representatives or dependents or the attorney who failed to provide such reasonable notice.