WVC 23 - 2 - 11
§23-2-11. Partial invalidity of chapter.
If any employer is adjudicated to be outside the lawful scope
of this chapter, the chapter shall not apply to him or her or his
or her employee; or if any employee is adjudicated to be outside
the lawful scope of this chapter, because of remoteness of his or
her work from the hazard of his or her employer's work, the
adjudication shall not impair the validity of this chapter in other
respects and in every case an accounting in accordance with the
justice of the case shall be had of moneys received. If the
provisions of this chapter for the creation of the workers'
compensation fund, or the provisions of this chapter making the
compensation to the employee provided in it exclusive of any other
remedy on the part of the employee, is held invalid, the entire
chapter shall be invalidated and an accounting according to the
justice of the case shall be had of money received. In other
respects an adjudication of invalidity of any part of this chapter
shall not affect the validity of the chapter as a whole or any part
of this chapter.