WVC 23 - 5 A- 2
§23-5A-2. Discriminatory practices prohibited -- Medical
Any employer who has provided any type of medical insurance
for an employee or his dependents by paying premiums, in whole or
in part, on an individual or group policy shall not cancel,
decrease his participation on behalf of the employee or his
dependents, or cause coverage provided to be decreased during the
entire period for which that employee during the continuance of
the employer- employee relationship is claiming or is receiving
benefits under this chapter for a temporary disability. If the
medical insurance policy requires a contribution by the employee,
that employee must continue to make the contribution required, to
the extent the insurance contract does not provide for a waiver
of the premium.
Nothing in this section shall prevent an employer from
changing insurance carriers or cancelling or reducing medical
coverage if the temporarily disabled employee and his dependents
are treated with respect to insurance in the same manner as other
similarly classified employees and their dependents who are also
covered by the medical insurance policy.
This section provides a private remedy for the employee
which shall be enforceable in an action by the employee in a
circuit court having jurisdiction over the employer.
Note: WV Code updated with legislation passed through the 2012 1st Special Session