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23-1-8 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Authority of Commissioner and Employees as to Oaths and Evidence |
The commissioner, secretary and every inspector or examiner appointed by the commissioner shall, for the purpose contemplated by this chapter, have power to adm… |
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23-1-9 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Compelling Compliance With Order or Subpoena |
In case of failure or refusal of any person to comply with the order of the commissioner, or subpoena issued by him, his secretary, or one of his inspectors or … |
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23-1-10 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Fees and Mileage of Witnesses |
Each officer who serves such subpoenas shall receive the same fee as a sheriff, and each witness who appears in obedience to a subpoena before the commissioner,… |
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23-1-11 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Depositions |
In an investigation, the commissioner may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law for li… |
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23-1-12 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Copies of Proceedings as Evidence |
A transcribed copy of the evidence and proceedings, or any specific part thereof, on any investigation, taken by a stenographer appointed by the commissioner an… |
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23-1-13 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Rules of Procedure and Evidence |
The commissioner shall adopt reasonable and proper rules of procedure, regulate and provide for the kind and character of notices, and the service thereof, in c… |
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23-1-14 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Blank Forms |
The commissioner shall prepare and furnish free of cost blank forms (and provide in his rules for their distribution so that the same may be readily available) … |
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23-1-15 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Procedure Before Commissioner |
The commissioner shall not be bound by the usual common law or statutory rules of evidence, but shall adopt formal rules of practice and procedure as herein pro… |
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23-1-16 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Omission to Perform Duty Required Commissioner; Perjury |
Any person, firm or corporation knowingly failing to make any report or perform any duty required by the commissioner within the time specified shall guilty of … |
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23-1-17 |
Ch. 23 — WORKMEN’S COMPENSATION |
General Administrative Provisions |
Annual Report by Commissioner Governor |
Annually, on or about the fifteenth day of September in each year, the commissioner, under oath, shall make a report as the thirtieth day of June to the governo… |
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23-2-1 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Employers and Employees Subject to Chapter; Election by Other Employers to Comply With Chapter |
All persons, firms, associations and corporations regularly employing other persons for the purpose of carrying on any form of industry or business in this Stat… |
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23-2-2 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Information to be Given by Employers |
Every employer shall furnish the commissioner, upon request, all information required by him to carry out the purposes of this chapter. The commissioner, or any… |
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23-2-3 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Report Blanks and Other Forms for Use of Employers |
The commissioner shall prepare report blanks for the use of, and furnish the same to, employers subject to this chapter. Every employer receiving from the comm… |
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23-2-4 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Classification of Industries; Accounts by Commissioner; Rate of Premiums |
The commissioner shall distribute into groups or classes the industries subject to this chapter, in accordance with the nature of the business and the degree of… |
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23-2-5 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Premiums; Failure to Pay; Reinstatement; Deposit to Insure Payment; Refund of Deposit |
For the purpose of creating a workmen’s compensation fund each employer subject to this chapter shall pay the premiums of a liability based upon and being such … |
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23-2-6 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Exemption of Contributing Employers From Liability |
Any employer subject to this chapter who shall elect to pay into the workmen’s compensation fund the premiums provided by this chapter shall not be liable to re… |
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23-2-7 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Notice to Employees; Waiver of Benefits of Chapter by Contract Prohibited |
Each employer electing to pay the premiums provided by this chapter into the workmen’s compensation fund, or electing to make direct payments of compensation as… |
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23-2-8 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Election Not to Pay or Default in Payment of Premiums; Defenses Prohibited |
All employers subject to this chapter, the State of West Virginia excepted, who shall not have elected to pay into the workmen’s compensation fund the premiums … |
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23-2-9 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Election of Employer to Provide Own System of Compensation |
Notwithstanding anything contained in this chapter, employer subject to this chapter who are of sufficient financial responsibility to insure the payment of com… |
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23-2-10 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Application of Chapter to Interstate Commerce |
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 compens… |
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23-2-11 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Partial Invalidity of Chapter |
If any employer shall be adjudicated to be outside the lawful scope of this chapter, the chapter shall not apply to him or his employee; or if any employee shal… |
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23-2-12 |
Ch. 23 — WORKMEN’S COMPENSATION |
Employers and Employees Subject to Chapter; Premiums |
Effect of Repeal or Invalidity of Chapter on Action for Damages |
If the provisions of this chapter relating to compensation for injuries to, or death of, workmen shall be repealed or adjudged invalid or unconstitutional, the … |
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23-3-1 |
Ch. 23 — WORKMEN’S COMPENSATION |
Workmen’s Compensation Fund |
Compensation Fund; Surplus Fund Compensation by Employers |
The commissioner shall establish a workmen’s compensation fund from the premiums and other funds paid thereto by employers as herein provided, for the benefit o… |
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23-3-2 |
Ch. 23 — WORKMEN’S COMPENSATION |
Workmen’s Compensation Fund |
Custody, Investment and Disbursement of Fund |
The state treasurer shall be the custodian of the workmen’s compensation fund and all premiums, deposits or other moneys paid thereto shall be deposited in the … |
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23-3-3 |
Ch. 23 — WORKMEN’S COMPENSATION |
Workmen’s Compensation Fund |
Investment of Surplus Funds Required |
Whenever there shall be in the state treasury any funds belonging to the workmen’s compensation fund not likely, in the opinion of the commissioner, to be requi… |
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23-4-1 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
To Whom Compensation Fund Disbursed |
The commissioner shall disburse the workmen’s compensation fund to the employees of such employers as are not delinquent in the payment of premiums for the mont… |
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23-4-2 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Disbursement Where Injury is Self-inflicted or Intentionally Caused by Employer; Rules and Safety Appliances |
Notwithstanding anything hereinbefore or hereinafter contained, no employee or dependent of any employee shall be entitled to receive any sum from the workmen’s… |
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23-4-3 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Disbursements for Medical, Surgical, Dental and Hospital Treatment |
The commissioner shall disburse and pay from the fund for such personal injuries to such employees as may be entitled thereto hereunder as follows:
(a) Such s… |
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23-4-4 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Funeral Expenses |
In case the personal injury causes death within the period of four years from the date of the original injury and disability is total and continuous from the da… |
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23-4-5 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Benefits for Week After Injury |
If the period of disability does not last longer than one week from the day the employee leaves work as the result of the injury, no award shall be allowed, exc… |
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23-4-6 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Classification of Benefits in Case of Disability |
Where compensation is due an employee under the provisions of this chapter, such compensation shall be provided in the following schedule:
(a) If the injury ca… |
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23-4-7 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Hernia |
In all claims for compensation for hernia resulting from personal injury received in the course of and resulting from the employee’s employment, it must be defi… |
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23-4-8 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Physical Examination of Claimant; Expenses |
The commissioner shall have power, after due notice to the employer, and whenever in his opinion it shall be necessary, to order a claimant to appear for examin… |
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23-4-9 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Medical, Surgical, Dental, or Hospital , Treatment to Reduce Permanent Disability |
In certain cases where an employee has sustained a permanent disability, and such fact on has been so determined by the commissioner, and in his opinion the per… |
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23-4-10 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Classification of Benefits in Case of Death; “Dependent” Defined |
In case the personal injury causes death within the period of one year from the date of the original injury, and the disability is continuous from date of such … |
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23-4-11 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
To Whom Death Benefits Paid |
The benefits, in case of death, shall be paid to such one or more dependents of the decedent, or to such other persons, for the benefit of all of the dependents… |
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23-4-12 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Application of Benefits |
The dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon… |
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23-4-13 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Widow or Widower Living Separate From Employee |
Notwithstanding anything herein contained, no sum shall be paid a widow or widower who shall have been living separate and apart from, or has been abandoned by … |
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23-4-14 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Computation of Benefits |
The average weekly wage earnings of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits. The time of inj… |
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23-4-15 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Application for Benefits; Nonresident Aliens |
To entitle any employee or dependent of a deceased employee to compensation under this chapter, the application therefor must be made on a form or forms prescri… |
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23-4-16 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Commissioner’s Jurisdiction Over Case Continuous; Modification of Finding or Order |
The power and jurisdiction of the commissioner over each case shall be continuing, and he may from time to time, after due notice to the employer, make such mod… |
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23-4-17 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Commutation of Periodical Benefits |
The commissioner, under special circumstances and when the same is deemed advisable, may commute periodical benefits to one or more lump sum payments. |
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23-4-18 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Mode of Paying Benefits; Exemption From Legal Process |
Compensation shall be paid only to or for the use of such employees or their dependents as hereinbefore provided, and shall be exempt from all claims of credito… |
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23-4-19 |
Ch. 23 — WORKMEN’S COMPENSATION |
Disability and Death Benefits |
Wrongfully Seeking Compensation; Penalty |
Any person who shall knowingly and with fraudulent intent secure or attempt to secure larger compensation, or compensation for a longer term than he is entitled… |
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23-5-1 |
Ch. 23 — WORKMEN’S COMPENSATION |
Review |
Finality of Commissioner’s Rulings; Review by Supreme Court |
The commissioner shall have full power and authority to hear and determine all questions within his jurisdiction, and to review the action of any employer taken… |
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24-1-1 |
Ch. 24 — PUBLIC SERVICE COMMISSION |
General Provisions |
Definitions |
Except where a different meaning clearly appears from the context, the words “public utility” when used in this chapter shall mean and include any person or per… |
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24-1-2 |
Ch. 24 — PUBLIC SERVICE COMMISSION |
General Provisions |
Appointment, Qualification and Disqualification of Commissioners; Removal From Office; Terms of Office; Salaries |
There shall be a public service commission of West Virginia which by that name may sue and be sued. The commission shall consist of three members who shall be a… |
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24-1-3 |
Ch. 24 — PUBLIC SERVICE COMMISSION |
General Provisions |
Secretary and Other Employees; Compensation; Duties |
The commission shall appoint a secretary and such other employees as may be necessary to carry out the provisions of this chapter, and shall fix their respectiv… |
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24-1-4 |
Ch. 24 — PUBLIC SERVICE COMMISSION |
General Provisions |
Seal; Certification and Other Fees |
The commission shall adopt a seal which shall be affixed to all papers under such regulations as the commission may prescribe. The commission shall likewise pre… |
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24-1-5 |
Ch. 24 — PUBLIC SERVICE COMMISSION |
General Provisions |
Legal Counsel for Commission |
The attorney general, when required by the commission, shall perform legal services under this chapter: Provided, however, That the governor may appoint counsel… |
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