W. Va. Code § 23-4-11: To whom death benefits paid.

The benefits, in case of death, shall be paid to one or more dependents of the decedent, or to any other persons, for the benefit of all of the dependents, as may be determined by the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, who may apportion the benefits among the dependents in the manner as they consider just and equitable. Payment to a dependent subsequent in right may be made if the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, considers proper and it operates to discharge all other claims for the benefits.