Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-11-2 - Definitions2.1. As 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 the context expressly indicates that another meaning is intended.2.2. "Monthly base premium" means the product of the employer's estimated monthly payroll for each job classification and the current corresponding West Virginia National Council on Compensation Insurance, Inc. (NCCI) loss cost for each classification, without modification by any other factors such as, but not limited to, tiering, experience modification or scheduled rating. For example, an employer's monthly payroll is $10,000, with $5,000 of the payroll representing job classification "A" under the current NCCI loss costs, at a rate of $10 per $100 of payroll, and $5,000 of the payroll representing job classification "B" under the current NCCI loss costs, at a rate of $5 per $100 of payroll. The monthly base premium would be $750 ($10 X $50, or $500, for classification "A"; and $5 X $50, or $250 for classification "B"). In turn, the monthly base premium would be $750 ($500 for classification "A" plus $250 for classification "B").
2.3. "Default" or "default employer" means an employer that: 2.3.a. Has an outstanding balance or liability to the Old Fund;2.3.b. Has an outstanding balance or liability to the Uninsured Employers' Fund, including owing money to the fund for benefit payments, administration costs or attorney fees as well as any fines owed to the fund for being uninsured pursuant to W. Va. Code § 23-2C-8(d)(3) and this rule;2.3.c. Fails to carry West Virginia workers' compensation coverage;2.3.d. Is a former self-insured employer whose status has been revoked but who has remaining unsecured obligations pursuant to its previous status as a self-insured employer; or2.3.e. Has any other outstanding obligation, balance, debt or other liability pursuant to chapter twenty-three of the West Virginia Code or rules promulgated thereunder.2.4. "Employee" has the meaning ascribed to that term by W. Va. Code §§ 23-2-1 and 23-2-1a.2.5. "Employer" means either or both of the following:2.5.a. The term "employer" has the meaning ascribed to that term by W. Va. Code § 23-2-1, which 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 or persons for the purpose of carrying on any form of industry, service or business in this state, and as such is required to carry West Virginia workers' compensation coverage.2.5.b. The term "employer" also means, for the purposes of this rule's enforcement provisions at subsection 6.1 and sections 7., 8. and 10., any owners, officers, members, partners and directors of the employer.2.6. "Estimated monthly payroll" means:2.6.a. If available, the estimated annual payroll for the current policy year as provided by NCCI to the Commissioner, divided by twelve;2.6.b. If the amount described in subdivision a. of this subsection is not available, then the employer's estimated monthly payroll based on other available information, including, but not limited to, information available on wages reported through West Virginia's unemployment system.2.7. "Commissioner" means the Insurance Commissioner of West Virginia.2.8. "Payment" means any amount of money owed by an employer pursuant to chapter twenty-three of the West Virginia Code or any rules promulgated there under.2.9. "Old Fund" means the fund created pursuant to W. Va. Code § 23-2C-2(l). 2.10. "Self-insured" or "Self-insured employer" means an employer which is eligible and has been granted self-insured status under the provisions of W. Va. Code § 23-2-9.2.11. "Uninsured Employers' Fund" means the fund created pursuant to W. Va. Code §§ 23-2C-2(o) and 23-2C-8.2.12. "West Virginia Code," "W. Va. Code" and "Code" mean the West Virginia Code of 1931, as amended.2.13. "Workers' Compensation Default List" or "Default List," means a paper and/or electronic database maintained by the Commissioner which identifies employers who are in default. This list may be made accessible in the form of either a computerized database or other databases.2.14. "West Virginia workers' compensation coverage" means insurance coverage an employer is required to maintain under chapter twenty-three of the West Virginia Code.