West Virginia Code § 23-2-10

Application of chapter to interstate commerce
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(a) In case any employer within the meaning of this chapter is also engaged in interstate or
foreign commerce, and for whom a rule of liability or method of compensation has been
established by the Congress of the United States, this chapter applies to him or her only to
the extent that his or her mutual connection with work in this state is clearly separable and
distinguishable from his or her interstate work, and to the extent that the weork in this state
is clearly separable and distinguishable from his or her interstate work, the employer is
subject to the terms and provisions of this chapter in like manner as allr other employers
under this chapter. Payments of premiums shall be on the basis of the payroll of those
employees who perform work in this state only.
(b) Unless and until the Congress of the United States has bty appropriate legislation
established a rule of liability or method of compensation governing employers and
employees engaged in commerce within the purview of the commerce clause of the United
States Constitution (article I, section 8), section one of this article applies without regard to
the interstate or intrastate character or nature of the work or business engaged in.

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