West Virginia Clarifies Timely Report of Injury Rule

In a rule change taking effect today, a West Virginia workers' comp claimant's failure to report the injury within two working days cannot be the sole reason for self-insured employers and private carriers to deny compensability. This failure can be one factor weighing against compensability, however, but there must be another substantial reason to deny compensability, according to a summary of a July 11 webinar presented by the West Virginia Offices of the Insurance Commissioner.

Another change clarifies that if an individual retires, he or she is disqualified from receiving temporary total disability benefits arising from any compensable injury that occurred at the place of employment from which he or she retired unless the application for TTD benefits was received prior to his or her retirement. Also, self-insured employers now are prohibited from transferring their accrued comp liabilities to the state if they terminate the self-insured status.

Jane L. Cline is the state's insurance commissioner. For more information about the rule change, visit www.wvinsurance.gov.

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