W. Va. Code R. § 85-23-14

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

Section 85-23-14 - Severability

If any provision of these rules or the application thereof to any entity or circumstance shall be held invalid, such invalidity shall not effect the provisions or the applications of these rules which can be given affect without the invalid provisions or application and to this end the provisions of these rules are declared to be severable.

Table 85-23A

STANDARDS FOR LOSS CONTROL ACTIVITIES

Experience Modification Factors Exceeding Given Value Qualify Employer for Given Group

3-Year Premium		Tier One Focus Group	Tier Two Target Group
(in dollars)
From	To
0	4,999	1.40	1.50
5,000	12,499	1.50	1.60
12,500	24,999	1.60	1.70
25,000	49,999	1.70	1.80
50,000	& Over	1.80	1.90

Note: Non-merit-rated employers would have calculation analogous to experience modification factor calculation. Note: Using Table 85-23A

(1) Calculate the premium tax paid over the last three full calendar years. This calculation will yield the three year premium as contained in the two columns at the left side of the table.

For example during the calendar years 1992, 1993, and 1994, XYZ, Inc., paid $32,850 in premium tax. XYZ, Inc., falls with the $25,000 to $49,999 premium range.

(2) Obtain the experience modification factor from the workers' compensation commission.

For example. XYZ, Inc., has an experience modification factor of 1.73.

(3) Determined whether XYZ, Inc., falls within the focus employer or target employer groups by examining the two columns on the right side of the table.

(4) For an employer who falls within the three year premium tax range of $25,000 to $49,999:

(a) Focus program employers have experience modification factors equal to or exceeding 1.70 which do not equal or exceed 1.80 and

(b) Target program employers have experience modification factors equal to or exceeding 1.80.

(5) In the instant case, XYZ, Inc., with a premium tax range from $25,000 to $49,999 and an experience modification factor of 1.73 falls within the focus program employer group.

W. Va. Code R. § 85-23-14