WVC 23 -
CHAPTER 23. WORKERS' COMPENSATION.
WVC 23 - 4 A-
ARTICLE 4A. DISABLED WORKERS' RELIEF FUND.
WVC 23 - 4 A- 1
§23-4A-1. Disabled Workers' Relief Fund created.
(a) For the relief of persons who are receiving benefits
pursuant to a permanent total disability award in amounts less than
thirty-three and one-third percent of the average weekly wage for
the State of West Virginia per month, and for the relief of widows
who are receiving benefits on account of the death of an employee
in amounts less than thirty-three and one-third percent of the
average weekly wage in the State of West Virginia per month, and
for the relief of children of employees deceased before one
thousand nine hundred sixty-seven, who are under the age of
twenty-three and who are full-time students, and for the relief of
other persons who are receiving dependents' benefits on account of
the death of an employee in amounts less than the specific monetary
amounts set forth in section ten, article four of this chapter and
in effect as of the first day of July, one thousand nine hundred
seventy-three, there is continued a separate fund, heretofore known
as the "Disabled Workmen's Relief Fund", and which shall hereafter
be known as the "Disabled Workers' Relief Fund", which shall
consist of any sums that are, from time to time, made available to
carry out the objects and purposes of this article. The fund shall
be in the custody of the State Treasurer and disbursements from the
fund shall be made upon requisition signed by the executive
director to those persons entitled to participate in the fund and
in such amounts to each participant that are provided in section
three of this article.
(b) Effective upon termination of the commission, the
"Disabled Workers' Relief Fund" shall be administered by the
successor to the commission and the administrative duties assigned
to the executive director shall be transferred to the chief
executive officer of the successor to the commission.
WVC 23 - 4 A- 2
§23-4A-2. To whom benefits paid.
In order to participate in the disabled workers' relief fund,
an individual must be receiving workers' compensation benefits by
virtue of and under the laws of this state in amounts less than
those set forth in section one of this article, and be receiving
such benefits under a permanent total disability award or be
receiving such benefits because of the death of an employee:
Provided, That a child of an employee deceased before the first day
of July, one thousand nine hundred sixty-seven, who is under the
age of twenty-three and is a full-time student, and, who, at the
time of injury causing death, was dependent in whole or part upon
the earnings of the deceased employee, shall be eligible for
benefits payable from the fund established by this article in the
same manner and amount as if death had occurred after the first day
of July, one thousand nine hundred sixty-seven.
WVC 23 - 4 A- 3
§23-4A-3. Computation of benefits.
Each individual entitled to participate in the disabled
workers' relief fund is entitled to receive payments without
application (except that an application shall be required under
section five of this article) from the fund of an amount equal to
the difference between the amounts set forth in section one of this
article and the amount the individual is in fact receiving by
virtue of and under the laws of this state. The first payment
shall be made concurrently with the payment to him or her of
workers' compensation on the first day of August, one thousand nine
hundred seventy-six, and subsequent payments shall be made during
the period thereafter in which the participant is entitled to
workers' compensation benefits by virtue of and under the laws of
WVC 23 - 4 A- 4
§23-4A-4. Mode of payment.
Payments to an individual entitled to participate in the
Disabled Workers' Relief Fund may be made from said fund by
separate check or may be made from said fund and from the Workers'
Compensation Fund and, effective upon termination of the
commission, the old fund, by one check, but each such check drawn
on the two funds shall be so written as to show plainly the
payments made from each fund. No disbursements shall be made from
the Workers' Compensation Fund or the old fund on account of any
provisions of this article.
WVC 23 - 4 A- 5
§23-4A-5. Employers providing own system of compensation.
The executive director shall promptly require of each employer
who has elected to pay direct compensation under the provisions of
section nine, article two of this chapter a verified list of the
names and addresses of all persons to whom the employer is paying
workers' compensation on account of permanent total disability or
because of the death of an employee and any evidence respecting
those persons as the executive director may reasonably consider
necessary to determine the eligibility of any person to participate
in the disabled workers' relief fund. Any person claiming the
right to participate in the fund under the provisions of this
section may file his or her application for participation with the
executive director and shall be accorded a hearing on the
WVC 23 - 4 A- 6
§23-4A-6. Powers of commission over disabled workers' relief fund.
In the investigation and determination of the right of persons
to participate in the disabled workers' relief fund, the executive
director has and may exercise all the powers which he or she
possesses under the other articles of this chapter. His or her
powers and jurisdiction over each case is continuing, but there
shall be no appeal from the commission's decisions to any other
body or tribunal. No attorney, representative or agent of any
claimant or participant is entitled to charge or receive a fee or
compensation or gratuity in any form for representing or assisting
or pretending to represent or assist any person to become a
participant in the disabled workers' relief fund.
WVC 23 - 4 A- 7
Acts, 2003 2nd Ex. Sess., Ch. 27.
WVC 23 - 4 A- 8
§23-4A-8. Disabled workers' relief fund; how funded.
For the purpose of carrying out the provisions of this
article, the board of managers shall transfer annually, out of the
interest earned during the previous year on investments held by the
workers' compensation fund, and out of the amount assessed against
self-insured employers pursuant to the provisions of section nine,
article two of this chapter an amount estimated by the executive
director to be necessary to carry out the provisions of this
article for one year.
The money shall be deposited by the board of managers in the
disabled workers' relief fund, as required by this article.
WVC 23 - 4 A- 9
§23-4A-9. Transfer of authority to the Insurance Commissioner.
Effective upon termination of the commission, the authority to
make the annual transfer as required in section eight of this
article shall transfer to the Insurance Commissioner.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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