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 85-11-7 - Statutory Lien

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Pursuant
				to W. Va. Code §§
									23-2-5a(b)
				and
				23-2C-19(f),
				any payment and interest thereon due and unpaid under 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 constitutes a lien enforceable against all of the
				property of the owing employer. The property subject to the lien includes all
				of the employer's real estate, personal property of all types, money and
				combinations thereof.
7.2. In
				accordance with W. Va. Code §§
									23-2-5a
				and
				38-10C-2,
				the Commissioner shall file a written notice of the lien as described in this
				section in the office of the clerk of the county commission of the county in
				which the property of the employer or lienee against whom such lien is claimed,
				is situate, or if the employer's or lienee's property is situated in more than
				one county, then in each such clerk's office in each such county. The notice
				shall certify the amount of money that is owed by the employer.
7.3. Pursuant to W. Va. Code §
									38-10C-2,
				the clerk or clerks of the county commission or commissions shall, upon the
				filing of the notice, index the notice in the judgment or tax lien docket of
				his or her office against the employer or lienee in favor of the state of West
				Virginia and the Commissioner. Upon the satisfaction of such lien, a properly
				acknowledged release thereof for recordation shall be delivered or mailed to
				the employer or lienee by the Commissioner or shall be delivered or mailed to
				the clerk of the county commission in the county in which the lien was filed.
				Such notice or notices of the lien shall be supplemented by additional notices
				from time to time whenever any additional liability is incurred by the employer
				or is determined by audit or other proceeding.
7.4. Until the lien is docketed as provided
				for in subsection 7.3 of this section, the lien is unenforceable against
				purchasers (including a lien creditor) of real estate or personal property for
				a valuable consideration except for such purchasers with actual notice of the
				Commissioner's lien. However, if a purchaser (including a lien creditor) of
				real estate or personal property for a valuable consideration has actual
				knowledge of the lien, then that lien shall be enforceable against such a
				purchaser even before the lien is docketed as provided for in subsection 7.3 of
				this section. Following the docketing pursuant to subsection 7.3 of this
				section, the lien is enforceable against any purchaser (including a lien
				creditor) with or without actual notice of the lien.
7.5. Once all amounts due from the employer
				are collected by the Commissioner, the Commissioner shall release the lien or
				liens as provided by law.