Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-9-5 - Employer Liability5.1. Pursuant to W. Va. Code § 23-2C-8, an employer of a claimant who receives benefits from the UEF is liable to the UEF for all expenditures from the UEF on behalf of its injured employee, including, but not limited to: 5.1.a. All benefits, including all medical and indemnity payments, made from the UEF;5.1.b. All claims administration costs related to the administration of claim(s) against the UEF;5.1.c. All attorney fees related to defense of claim(s) made against the UEF; and5.1.d. Interest on the above expenditures, as calculated under W. Va. Code § 23-2-13.5.2. An employer shall remain on the Workers' Compensation Default List as defined in 85CSR11, until it pays all of its liability to the UEF, enters into a full and final settlement with the Commissioner for its liability to the UEF or enters into a repayment agreement with the Commissioner for its liability to the UEF and remains in good standing. The employer will be subject to all of the sanctions associated with being on the Default List, including, but not limited to: 5.2.a. Having a posting placed on the employer's front door informing its employees that the employer is uninsured and therefore may be sued by its employees for work related injuries;5.2.b. A penalty of up to $10,000; and5.2.c. Being subject to an action in the Circuit Court of Kanawha County to enjoin the employer from continuing business operations.5.3. If an employer incurs liability to the UEF after being removed from the Default List and the employer fails to remit payment for such liability to the UEF on a timely basis, as described in subsection 6.1. of this rule, the employer will be placed on the Default List until the liability is fully paid or otherwise resolved pursuant to section 6. of this rule.