Current through Register Vol. XLI, No. 45, November 8, 2024
Section 83-1-16 - Benefits for Individuals Who Had Some Earnings and Performed Some Services During Calendar Week16.1. Immediately following date of delivery of the low earnings report to an individual by his employer, the said individual may file a claim for benefits either by mail or in person, depending upon the circumstances. If the individual is filing for one (1) week only of such unemployment and he has returned to work, he may file his claim for benefits by mail. If the individual has returned to work when the employer delivers the low earnings report to him, the said individual may file a claim for benefits by mail, irrespective of the number of weeks for which the individual is filing. If said claim for benefits is filed by mail the claimant shall complete the claim form made part of his low earnings report, and shall mail it to the local unemployment compensation claims office to which he would normally report. However, if the individual has not returned to work when the low earnings report is delivered to him and is filing for more than one (1) week of such unemployment, the claimant shall file his claim for said benefits by reporting, in person, to the local unemployment compensation claims office or itinerant point which services the area in which the claimant lives and/or works, and presenting his low earnings report for payment. Claimants filing under requirements outlined above shall then be paid benefits for such unemployment in accordance with the provisions as set forth in Article six, section eleven, of the West Virginia Unemployment Compensation Law.16.2. Within ten (10) days following date of delivery of the low earnings report to the individual, a said claim shall be filed under requirements set forth in section 16.1 above. The filing date of a claim filed by mail will be the postmark date on the envelope in which the claim is received. If good cause be shown for failure to file a claim for benefits within the period outlined above, then an individual may file his claim for benefits within ten (10) days after being appropriately notified of his potential rights to benefits under the benefit provisions of the West Virginia Unemployment Compensation Law: Provided, however, That such filing will not be permitted after a thirteen (13) week period subsequent to the end of the benefit year during which such period of unemployment occurred.