W. Va. Code R. § 85-31-6 - Scope of Coverage for Master Policies

6.1. A workers' compensation policy of insurance issued to a PEO on a master policy basis shall provide workers' compensation to:

a. All the direct hire employees of the PEO;

b. All covered employees working for each client employer of the PEO; and c. All other employees of the PEO or client employer required to be provided West Virginia workers' compensation coverage for whom there is no other workers' compensation policy providing coverage effective on the relevant date of injury.

6.2. A workers' compensation policy of insurance issued to a client employer on a multiple coordinated policy basis shall provide workers' compensation to all covered employees working for the client employer and all other employees of the PEO or client employer required to have West Virginia workers' compensation coverage for whom there is no other workers' compensation policy providing coverage effective on the relevant date of injury.

6.3. If on the relevant date of injury there is both a PEO workers' compensation policy in effect and a direct purchase policy in effect, the following shall apply:

a. If the claimant is a covered employee, then the PEO policy shall be the primary policy; or

b. If the claimant is not a covered employee, then the direct purchase policy shall be the primary policy.

6.4. Under no circumstances shall this section be interpreted to have any legal effect on the terms, conditions or legal rights as between a private carrier, PEO and client employer established pursuant to a valid PEO agreement or insurance contract, or the right of a private carrier, PEO or client employer to enforce the same through various legal remedies.

Notes

W. Va. Code R. § 85-31-6