Donald L. Jenkins and Barbara Jenkins V‪.‬

1. Workmen's Compensation -- Contract to Waive Burdens or Benefits of Act Any contract between an employer and employee, not specifically provided for by statute, that waives the burdens or benefits of the Workmen's Compensation Act, is void. West Virginia Code, 23-2-7. 2. Workmen's Compensation -- Defenses An employer subject to the West Virginia Workmen's Compensation Act who does not participate in it, waives all common law defenses to a work-related personal injury suit by an employee. West Virginia Code, 23-2-8.