Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-11-8 - Civil Actions8.1. The Commissioner in the name of the State may commence a civil action against a default employer to recover any payment and interest thereon due and unpaid under chapter twenty-three of the West Virginia Code and the rules promulgated thereunder, including, but not limited to, money owed to the Old Fund, money owed to the Uninsured Employers' Fund and money owed pursuant to liabilities accrued by the employer while the employer was self-insured.8.2. Pursuant to W. Va. Code § 23-2-5a, if the judgment entered in a civil action as described in this section is against the defendant employer, the defendant shall pay the costs of the action. In addition, a civil action as described in this section shall be given preference on the calendar of the court over all other civil actions.8.3. Consistent with the provisions of W. Va. Code § 33-2-22(e), the Commissioner may compromise and settle amounts due to the Old Fund or Uninsured Employer Fund if it is found to be in the best interests of the State. Any such compromise or settlement is public information.