Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-19-3 - Definitions 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 and the context expressly indicates that another meaning is intended.
3.1. "Default" means the failure by a self-insured employer to make a payment (including but not limited to payment of a claim, regulatory surcharge, debt reduction assessment or guaranty pool assessment), maintain required surety pursuant to the provisions of W. Va. Code St. R. § 85-18-1 et seq. and this rule, or file a report due by it under the provisions of chapter twenty-three of the West Virginia Code or the rules promulgated thereunder within the time period specified by a notice regarding such failure.3.2. "Employee" has the meaning ascribed to that term by W. Va. Code §§ 23-2-1 and 23-2-1a.3.3. "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.3.4. "Guaranty Pool", as the term is used in this rule means the Self-insured employer guaranty risk pool as established by W. Va. Code §§ 23-2-9(e) and 23-2C-2(p).3.5. "Industrial Council" means the Industrial Council created within the office of the Insurance Commissioner pursuant to W. Va. Code § 23-2C-5.3.6. "Commissioner" means the Insurance Commissioner of West Virginia.3.7. "Security Pool", as the term is used in this rule means the Self-insured employer security risk pool as established by W. Va. Code §§ 23-2-9(e) and 23-2C-2(q).3.8. "Self-insurer" and "self-insured employer" mean employers who have been granted self-insured status under the provisions of W. Va. Code § 23-2-9.3.9. "Insured Employer" means an employer who obtains coverage under any of the workers' compensation insurance plans offered by an insurer licensed by the Commissioner to provide such coverage in this State.