Notwithstanding the provisions of section six, six-a or six-b of this article or any other provision of this chapter, the minimum weekly benefit payments under subsection (b), section six of this article shall not apply to employees who work at nonprofit "workshops" as defined in section one, article one, chapter five-a of this code. When compensation is due any such employee, the weekly benefits payable hereunder to such employee may not exceed seventy percent of that employee's actual weekly wages, and in no event may the average weekly wage in West Virginia be the basis upon which to compute the benefits of temporary total disability to employees working for less than the minimum wage.
W. Va. Code § 23-4-6c
Benefits payable to certain sheltered workshop employees; limitations
Applied in 2 court decisions — leading case Bevins v. OFFICE OF INS. COM'R (2010)
Most recently applied in 227 W. Va. 315 - Bevins v. West Virginia Office of Insurance Commissioner (October 2010)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.