On March 14, 2022, West Virginia Insurance Commissioner Allen McVey issued Insurance Bulletin No. 22-05 titled “Funeral and Cemetery Expenses for Workers’ Compensation Claims.”  The Bulletin is notification of an increase in the amount of reasonable funeral and/or cemetery expenses in the case of a workers’ compensation personal injury causing death.  As of July 1, 2022, the amount of funeral or cemetery expenses to be paid due to a work-related death “shall be up to $10,000.00.”  This is an increase of the current $7,000.00 limit.

The Commissioner noted that this “better reflects the reasonable cost of funeral and cemetery expenses in West Virginia, and better reflects the average funeral and cemetery benefit paid across the United States regarding work-related deaths.”  All other aspects of §23-4-4 of the statute regarding funeral expenses remain the same.

A copy of Bulletin No. 22-05 is attached.

If you have any questions about how this Bulletin may affect you, please feel free to contact one of the attorneys in our Charleston office at (304) 341-0500.