WVC 23 - 4 - 17
§23-4-17. Commutation of periodical benefits.
The commission, successor to the commission, other private
carrier or self-insured employer, whichever is applicable, under
special circumstances and when it is considered advisable, may
commute periodical benefits to one or more lump-sum payments. Upon
the application of any claimant who has received an award of
partial or total disability, who is not a citizen of the United
States and desires to reside permanently beyond the territorial
limits of the United States, or upon the application of an alien
dependent of a deceased employee with respect of whose death award
of compensation has been made, the dependent residing in the
territorial limits of the United States at the time of the
decedent's death, and desiring to reside permanently beyond the
territorial limits of the United States, the commission, successor
to the commission, other private carrier or self-insured employer,
whichever is applicable, may commute into one lump-sum payment the
periodical payments to which the claimant or dependent would be
entitled, but at the rate of one-half the amount that would be
payable to a citizen of the United States under like circumstances.
The lump-sum payment at the rate specified in this section
discharges all liability with respect to the award, but in no event
shall the award be paid until the claimant or dependent has
actually arrived and domiciled himself or herself outside the
territorial limits of the United States, except a sufficient
portion of the award to pay transportation and other necessary expenses.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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