WV commissioner addresses coverage of COVID-19-related workers' comp claims

Several states have passed laws addressing the compensability of COVID-19-related workers' compensation claims. West Virginia hasn't enacted any specific legislation about whether contracting the coronavirus should qualify as an occupational injury or disease for workers' comp purposes. On January 19, however, the West Virginia Workers' Compensation Insurance Commission issued Insurance Bulletin No. 21-01 covering the administration of workers' comp claims during the pandemic.

Occupational disease

The commission issues bulletins when the commissioner (1) renders formal opinions, guidance, or expectations on matters or (2) explains how either new statutes or rules should be implemented or existing laws or regulations should be applied.

In the January 19 bulletin, West Virginia Insurance Commissioner James Dodrill noted any employee may file a claim if (1) the employer is required to be insured against workers' comp liabilities in the state and (2) the individual has sustained an occupational injury in the course of and resulting from the covered employment. Further, the term "occupational injury" covers occupational diseases, which likely would include COVID-19, the commissioner added.