The Court today issued its opinion in Verizon, et al v. WV Bureau of Employment Programs, which involved challenges by four employers to the calculation of workers' compensation premium rates in fiscal year 1998 for self-insured employers. The premium rates for FY 1998 included a special assessment intended to assist in correcting any deficit in the workers' compensation fund after 1995. Rejecting statutory and constitutional arguments presented by the employers, the Court held that the self-insured employers are required to pay the premiums assessed. Justice Albright delivered the opinion of the Court, joined by Chief Justice Starcher and Justice McGraw. Justices Davis and Maynard dissented.

On a related note, the West Virginia Legislature is presently considering a bill [300 pg PDF] that addresses several aspects of the West Virginia workers' compensation system, including the proposed creation of an intermediate appellate court to handle workers' compensation appeals.