CHARLESTON — The state insurance commissioner is suing an employer, citing alleged violation of workers' compensation acts.
The State of West Virginia ex rel. West Virginia Offices of the Insurance Commissioner filed a complaint in Kanawha Circuit Court against Mountain Mamas Down Home Cooking, LLC and Susan Spittler alleging that they violated the laws of the State of West Virginia by defaulting on payment to maintain workers' compensation insurance coverage.
According to the complaint, in West Virginia, employers are now required to obtain their insurance from private carriers.
The Insurance Commissioner's office alleges the defendants, as employers, did not make certain payments, causing irreparable harm to the insurance commission, other employers and claimants for worker' compensation, as well as West Virginia taxpayers.
The plaintiff holds Mountain Mamas Down Home Cooking, LLC and Susan Spittler responsible because they allegedly failed to obtain and/or maintain coverage for workers' compensation insurance for its employees as mandated by the West Virginia law.
The plaintiff requests a trial by jury and seeks judgment for the defendants to obtain valid workers' compensation coverage or to satisfy the plaintiff that they have ceased working with employees in West Virginia and submitted a proper termination form. It is represented by David Ansell of the West Virginia Offices of the Insurance Commissioner-Legal Services Division in Charleston.
Kanawha Circuit Court Case number 18-C-1471