West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-06 - Workers' Compensation Debt Reduction Fund Assessments And Regulatory Surcharges › Section 85-6-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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. "Industrial Council"
				means the Industrial Council created pursuant to W. Va. Code §
									23-2C-5.
3.2. "Code of West Virginia" and "West
				Virginia Code" mean the West Virginia Code of 1931, as amended.
3.3. "Insurance Commissioner" means the
				Insurance Commissioner of West Virginia as provided in section one, article
				two, chapter thirty-three of the West Virginia Code.
3.4. "Payment interval" means each periodic
				payment of the employer's workers' compensation coverage obligation to the
				private carrier as established by the workers' compensation policy.
3.5. "Payroll" means the term as defined in
				the most current approved filing of the Insurance Commissioner's designated
				rating organization for workers' compensation.
3.6. "Private carrier" means any insurer
				authorized by the Insurance Commissioner to provide workers' compensation
				insurance pursuant to chapters twenty-three and thirty-three of the West
				Virginia Code.
3.7. "Private
				carrier regulatory surcharge" is the surcharge described in subsection 2.3. of
				this rule.
3.8. "Self-insured
				employer regulatory surcharge" is the surcharge described in subsection 2.4. of
				this rule.
3.9. "Self-insurer" and
				"self-insured employer" mean an employer who is eligible and have been granted
				self-insured status under the provisions of W. Va. Code §
									23-2-9.
3.10. "Total Assessable Workers'
				Compensation Premium Due" means the premium payable at each payment interval to
				a private carrier by an employer for its West Virginia workers' compensation
				coverage under chapter twenty-three of the West Virginia Code, including, but
				not limited to, the base rate premium as adjusted by any experience
				modification factor. "Total assessable workers' compensation premium due" shall
				also be computed prior to the application of all discounts based on deductible
				provisions in policies. The Insurance Commissioner has discretion to determine
				which premiums constitute premiums for West Virginia workers' compensation
				coverage and which premiums constitute other insurance coverage subject to
				premium taxes and surcharges under chapter thirty-three of the West Virginia
				Code:
Provided
, That under no circumstances may any premiums
				be subject to both the surcharges under chapter twenty-three of the West
				Virginia Code and this rule and taxes and surcharges under thirty-three of the
				West Virginia Code. Premiums payable for insurance coverage necessitated by
				federal law, including, but not limited to, Federal Black Lung and USL&H
				coverage, and for any type of employer's liability coverage, including, but not
				limited to, coverage for liability arising under W. Va. Code §
									23-4-2(d)(2)
				are not included in the "total assessable workers' compensation premium:"
Provided
,
further,
That, with the exception
				of premiums for coverage necessitated by federal law, premiums for standard
				limits of employer's liability coverage included in a workers' compensation
				policy are included in "total assessable workers' compensation premium
				due."
3.11. "WCDRF premiums
				surcharge" is the surcharge described in subsection 2.1. of this
				rule.
3.12. "WCDRF self-insured
				employer surcharge" is the surcharge described in subsection 2.2. of this
				rule.