West Virginia Workers’ Compensation Subrogation "With respect to any claim arising from a right of action that arose or accrued, in whole or in part, on or after January 1, 2006, the private carrier or self-insured employer, whichever is applicable, shall be allowed statutory subrogation with regard to indemnity and medical benefits paid as of the date of the recovery." West Virginia Code § 23-2A-1(b)(1) (2009). If a claimant files suit against a third-party in relation to the work related injury, the insurance carrier or selfinsured employer can recover:
temporary total disability benefits permanent partial disability benefits temporary partial disability benefits vocational temporary total disability benefits medical payments indemnity payments
The insurance carrier or self-insured employer has no independent right to seek subrogation from a third party. The private carrier or self-insured employer must permit the deduction of reasonable attorney fees and costs from the amount of the statutory subrogation interest. Following the settlement of a third party claim by the injured worker, the insurance carrier or self-insured employer has no right to recover future payments made in the workers’ compensation claim.
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