West Virginia Code of State Rules Agency 85 - Workers' Compensation
West Virginia Code of State Rules, Agency 85 – Workers' Compensation (Title 85) comprises a comprehensive set of regulations governing the administration of workers' compensation in the state. These rules are primarily enforced by the West Virginia Insurance Commissioner and cover a wide range of topics related to workers' compensation claims, employer responsibilities, and insurance requirements.
📘 Overview of Title 85
Title 85 is organized into various series, each addressing specific aspects of workers' compensation. Some of the key series include:
Series 85-01: Claims Management and Administration
Series 85-02: Workers' Compensation Claims Index
Series 85-03: Administration of the Employers' Excess Liability Fund
Series 85-04: Attorney's Fees
Series 85-05: Permanent Total Disability
Series 85-06: Workers' Compensation Debt Reduction Fund Assessments and Regulatory Surcharges
Series 85-07: Rules for Selected Hearings
Series 85-08: Workers' Compensation Policies, Coverage Issues, and Related Topics
Series 85-09: Workers' Compensation Uninsured Employers' Fund
Series 85-10: Primary Contractor Liability
Series 85-11: Employer Default, Enforcement, Collections, and Related Matters
Series 85-12: Compromise and Settlement of Workers' Compensation Issues
Series 85-13: Procedural Rules for the Industrial Council
Series 85-14: Procedural Rules for the Workers' Compensation Board of Managers
Series 85-15: Vocational and Physical Rehabilitation
Series 85-16: Guidelines for Permanent Impairment Evaluations, Evidence, and Ratings
Series 85-17: Electronic Payments
Series 85-18: Self-Insurance, Self-Administration, and Third-Party Administrators
Series 85-19: Self-Insurance Risk Pools(apps.sos.wv.gov, regulations.justia.com, law.cornell.edu)
🧾 Key Series Highlights
Series 85-01: Establishes requirements and procedures for claims management, including the roles of the Insurance Commissioner, private carriers, self-insured employers, third-party administrators, claimants, healthcare providers, and vocational professionals in the administration of claims. (wvinsurance.gov)
Series 85-04: Addresses the determination and payment of attorney's fees in workers' compensation cases, ensuring that such fees are reasonable and in accordance with the law.
Series 85-08: Covers topics related to workers' compensation policies, including coverage issues and related topics, providing guidance on policy requirements and employer responsibilities. (law.cornell.edu)
Series 85-12: Governs the compromise and settlement of workers' compensation issues, establishing a consistent process for the settlement of claims and ensuring that settlements are fair and in compliance with the law. (wvinsurance.gov)
📄 Accessing the Full Text
The full text of Title 85 and its various series can be accessed through the following resources:
Administrative Law – Code of State Rules – West Virginia Secretary of State
West Virginia Code of State Rules, Agency 85 – Workers' Compensation – Justia
West Virginia Administrative Code – Cornell Legal Information Institute
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