W. Va. Code R. § 85-11-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 85-11-11 - Payment Agreements

11.1. Any default employer may, at the discretion of the Commissioner, make application, on a form provided by the Commissioner, to enter into a payment agreement with the Commissioner which provides for payment of the debt owed to the Commissioner in installments.

11.2. As a prerequisite to entering into a payment agreement, a default employer as described in subsection 11.1 of this section may be required to make a good faith payment of ten percent (10%) of the total current outstanding liability owed or in such other amount as the Commissioner determines will ensure that the employer maintains West Virginia workers' compensation coverage and pay off its outstanding debt under the agreement.

11.3. A default employer as described in subsection 11.1 of this section who enters into a payment agreement and also provides the Commissioner with a current certificate of workers' compensation insurance shall be removed from the Default List.

11.4. The Commissioner may then delay or continue further pursuit of that remedial action if, in the Commissioner's sole discretion, delaying or continuing such action will lead to the employer maintaining West Virginia workers' compensation coverage and paying off its debt owed under the agreement.

11.5. Permitting an employer to enter into a payment agreement is discretionary with the Commissioner. Such discretion shall be exercised with regard to the best interests of the Old Fund, Uninsured Employers' Fund and/or the self-insured community, as applicable.

11.6. The Commissioner may permit the payment of all amounts due to the Old Fund, Uninsured Employers' Fund, or owed pursuant to liabilities accrued by the employer while the employer was self-insured, or any combination thereof, upon the terms stated in a payment agreement. The Commissioner shall additionally have sole discretion in prescribing the terms and length of an agreement under this section, taking into consideration the best interests of the Old Fund, Uninsured Employers' Fund and/or the self-insured community, as applicable.

11.7. Pursuant to W. Va. Code § 33-2-22(e), the Commissioner shall have authority to waive or reduce any amount owed to the Old Fund and/or Uninsured Employers' Fund. In all cases when the Commissioner agrees to waive or reduce amounts owed to the Old Fund and/or Uninsured Employers' Fund as described in this subsection, such decision shall be made consistent with the best interests of the Old Fund and/or Uninsured Employers' Fund, as applicable. Any amount waived or reduced under this section shall be noted in any payment agreement entered into pursuant to this section.

11.8. Any employer that misses a payment will be provided notice by the Commissioner of a right to cure the missed payment within twenty (20) days of the employer's receipt of such notice. If after the expiration of the right to cure period no payment is received, the payment agreement becomes null and void and the employer shall be placed on the Default List and be deemed to owe the original amount, minus any credits for amounts actually paid under the agreement prior to default on the agreement. If it is found to be consistent with the best interests of the Old Fund, Uninsured Employers' Fund and/or the self-insured community, as applicable, the Commissioner may, within his or her sole discretion, provide the employer more than twenty (20) days to cure the missed payment. Such additional notice may be provided either in the original notice of a right to cure or by way of an informal verbal agreement, to permit the employer some additional time to cure the missed payment.

11.9. The interest rate agreed to in a payment agreement shall not change over the term of the agreement.

11.10. Except as expressly provided in this section, nothing in this section shall limit the Commissioner from pursuing any other type of collection or enforcement method under chapter twenty-three of the West Virginia Code or the rules promulgated thereunder.

W. Va. Code R. § 85-11-11