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 85-11-4 - Notice to Employees of Default Employers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Upon discovery that an employer is not
				maintaining West Virginia workers' compensation insurance, the Commissioner
				shall issue a written notice to the employees of that employer. The notice
				shall be in the form prescribed by the Commissioner.
4.2. Contents of notice. -- The notice shall
				inform the employees of the default of their employer and the effective date
				thereof. The notice shall also inform the employees of the legal consequences,
				as it affects the employees, of the default or termination of their employer.
				The notice shall also contain the following statement which shall be printed in
				conspicuous type: "Any person who shall, prior to the reinstatement to good
				standing of the said employer, as hereinbefore provided for, or prior to sixty
				(60) days after the posting of this notice, whichever shall first occur,
				remove, deface, or render illegible this notice, shall be guilty of a
				misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars
				($1,000.00)."
4.3. Posting the
				notice. -- The Commissioner shall arrange for the posting of the notice as
				described in this section in a conspicuous place at the chief works of the
				employer, as the same appears in the records of the Commissioner, or such other
				location(s) as may be deemed to provide adequate notice to employees of the
				employer. If the chief works of the employer cannot be found or identified,
				then the notice as described in this section shall be posted at the front door
				of the courthouse of the county in which the chief works are located, according
				to the Commissioner's records. A copy of the notice shall also be sent to the
				office of the secretary of state for publication in the State
				Register.
4.4. The Commissioner may
				require any sheriff, deputy sheriff, or other official of the state of West
				Virginia, who may be authorized to serve civil process, to post the notice as
				described in this section and to make return thereof of the fact of such
				posting to the Commissioner, and any failure to post any notice within ten (10)
				days after he or she receives the same from the Commissioner, without just
				cause or excuse, shall constitute a willful failure or refusal to perform a
				duty required of him or her by law within the meaning of W. Va. Code §
									61-5-28.
4.5. Fee for posting. -- Any official posting
				the notice as described in this section shall be entitled to the same fee as is
				now or may hereafter be provided for the service of process in suits instituted
				in courts of record in the state of West Virginia, which fee shall be paid by
				the Commissioner out of any funds at his or her disposal, but shall be charged
				by him or her against the account of the employer to whose default such notice
				relates.