W. Va. Code R. § 85-18-16

Current through Register Vol. XLI, No. 18, May 3, 2024

Section 85-18-16 - Name and Address of Employer; Legal Notice; Publications; Employer Correspondence

16.1. General. Self-insured employers are required to provide the Commissioner with the name, telephone number, fax number and e-mail address of its designated primary contact person responsible for workers' compensation matters. Except as hereinafter provided, the name and address given by the employer on the application for coverage shall be used by the Commissioner for giving any notice required by the statute or by this rule, unless a formal request for a change of name or address is made by the employer as hereinafter provided.

16.2. Change of name or address. Any self-insured employer changing the name or the address of its business must promptly notify the Commissioner, in writing, and request that the name or address be changed on the Commissioner's records. Every employer required to register with the Office of the Secretary of State shall provide evidence of any name change from that office.

a. In case of the appointment of a receivership, the full name of the receivership shall be reported.

b. If the employer wishes to have certain notices and correspondence directed to a subsidiary, a branch office or agent, the employer must notify the Commissioner in writing of the name and address of said subsidiary, branch office or representative and specify the circumstances under which said notice is to be given. The representative shall notify the Commissioner when such representation ceases and provide a current address to which the employer's notices and correspondence are to be sent.

16.3. Effect of failure to request change of name or address. In the absence of a request for a change of name or address by the employer, any notice given by the Commissioner to the employer at the address and in the name shown on the Commissioner 's records shall constitute constructive notice to the employer of any action taken.

16.4. Legal notice to attorney or agent. In any matter arising under this rule in which the Commissioner is required to give notice to a party, if a party is represented by an attorney or other representative, notice to the attorney or other representative is sufficient notice to the party so represented. "Other representative" includes the employer's third party representative, if the employer is so represented.

16.5. Correspondence. All correspondence to the Commissioner from an employer or its representative related to an employer's workers' compensation account, premiums, or coverage issues shall contain the employer's policy number and the employer's federal employer identification number.

W. Va. Code R. § 85-18-16