WVC 23 - 2 - 10
§23-2-10. Application of chapter to interstate commerce.
(a) In case any employer within the meaning of this chapter is
also engaged in interstate or foreign commerce, and for whom a rule
of liability or method of compensation has been established by the
Congress of the United States, this chapter applies to him or her
only to the extent that his or her mutual connection with work in
this state is clearly separable and distinguishable from his or her
interstate work, and to the extent that the work in this state is
clearly separable and distinguishable from his or her interstate
work, the employer is subject to the terms and provisions of this
chapter in like manner as all other employers under this chapter.
Payments of premiums shall be on the basis of the payroll of those
employees who perform work in this state only.
(b) Unless and until the Congress of the United States has by
appropriate legislation established a rule of liability or method
of compensation governing employers and employees engaged in
commerce within the purview of the commerce clause of the United
States Constitution (article I, section 8), section one of this
article applies without regard to the interstate or intrastate
character or nature of the work or business engaged in.