Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-10-1 - General1.1. Scope. -- This rule implements the provisions of W. Va. Code § 23-2-1d, regarding the liability of a primary contractor for payments due to the workers' compensation commission by a subcontractor under certain circumstances. The provisions of this rule shall apply generally to all work done by contract; the person, firm, corporation or other legal entity, which lets a contract for such work shall be responsible primarily and directly for all premiums and related obligations upon the work. This rule, as amended, is applicable only to contracts that are entered into or extended on or after the effective date of this rule.1.2. Authority. -- W. Va. Code §§ 23-1-1a; and 23-2-1d. Pursuant to W. Va. Code 23-1-1a(j)(3), rules adopted by the board of managers and the commission are not subject to legislative approval as would otherwise be required under W. Va. Code § 29A-3-1 et seq. Public notice requirements of that chapter and article, however, must be followed.1.3. Filing Date. -- May 27, 2005.1.4. Effective Date. -- July 1, 2005.