As of the stroke of midnight, January 1, 2006, the state of West Virginia officially got out of the Workers’ Compensation business. The successor to the West Virginia Workers’ Compensation Commission is BrickStreet Mutual Insurance Company, which was created as a result of sweeping Workers’ Compensation reforms passed in January 2005. It was no small task to build a multi-million dollar insurance company from the ground up in just one year, but BrickStreet accomplished it with great success.

The statutory reforms that created BrickStreet and privatized the West Virginia Workers’ Compensation market included other major changes. One such change for employers who buy coverage from BrickStreet is that the legal fees associated with defending the claims decisions BrickStreet makes are now paid by BrickStreet, not the employer.  

BrickStreet selected nine law firms, including Jenkins Fenstermaker, PLLC, to represent the interests of West Virginia employers when claimants file protests to BrickStreet decisions.  When a claimant files a protest requiring legal defense, BrickStreet will assign that claim to one of the nine firms on its panel.  If your business is already represented by one of the firms on the panel, BrickStreet will assign your claims to that firm. However, if your business has been represented by a firm that is not on the panel, or if your business has not previously been represented in Workers’ Compensation claims, then BrickStreet will select one of the firms on its panel to represent your interests when needed. BrickStreet will pay all legal fees and costs incurred in defending claims assigned to panel counsel.

This change may certainly impact claims already in litigation as of January 1, 2006. By now, you should have received a letter from BrickStreet explaining your options as to the defense of claims already in litigation. If you have any questions about how the statutory reforms affect claims already in litigation when BrickStreet came into existence, please feel free to contact us.