West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-11 - Employer Default, Enforcement, Collections and Related Matters › Section 85-11-10 - Receivership and Insolvency Proceedings; Bankruptcy

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In the event that a default employer
				owing payment and interest due thereon under Chapter twenty-three of the West
				Virginia Code or 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, shall be operated in connection with a receivership or
				insolvency proceeding in any state court in this state, the court under whose
				direction such business is operated shall, by the entry of a proper order or
				decree in the cause, make provisions, so far as the assets in administration
				will permit, for the regular payment of such payments as the same become
				due.
10.2. In any such case as is
				described in subsection 10.1 of this section, the Commissioner may file such
				pleadings, motions, and other documents and take any other legal action
				necessary to protect the interests of West Virginia's workers' compensation
				market during the pendency and resolution of such case.
10.3. In the event that a default employer
				owing payment and interest under the provisions of 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, files for or is placed in a bankruptcy proceeding
				under the laws of the United States, the Commissioner may become a party to
				such proceedings and take any and all actions needed to protect the interests
				of West Virginia's workers' compensation market during the pendency and
				resolution of the proceeding. The Commissioner may institute an involuntary
				proceeding against an employer in a bankruptcy court of the United States in
				any proper instance. All former premium tax assessments owed to the Old Fund
				and all surcharges and assessments owed by employers pursuant to chapter
				twenty-three of the West Virginia Code or the rules promulgated thereunder,
				including, but not limited to, the regulatory and Debt Reduction Fund
				surcharges and assessments pursuant to W. Va. Code §
									23-2C-3(f),
				assessments and liabilities owed to the Uninsured Employers' Fund pursuant to
				W. Va. Code §
									23-2C-8
				and assessments for the Self-Insured Guaranty and Security Risk Pools as
				established in W. Va. Code §
									23-2C-1, et
				seq. and 85CSR19 §1, et seq., are special revenue taxes under and
				according to the provisions of state workers' compensation laws and are deemed
				to be tax claims, as priority claims or administrative expense claims according
				to those provisions of law provided in the United States bankruptcy
				code.