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Huntington Business & Commercial Law Blog

West Virginia's new drug testing law takes effect on Friday

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Starting this Friday, West Virginia employers will have much more leeway to test their employees for illegal drugs- but only if they also institute new procedural safeguards. That is because this Friday, July 7th, marks the effective date for the West Virginia Safer Workplace Act.

Compensability of WV Work Release Inmate Workers' Comp Claim Rejected

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Many people wonder whether inmates who are injured while on work release are entitled to recover workers' compensation. In West Virginia (WV), the typical legal answer applies: It depends. In fact the WV Supreme Court of Appeals recently addressed the compensability of an inmate workers' comp claim for a work release inmate who was performing work for a state agency when he was injured. The case is Crawford v. West Virginia Department of Corrections.

WV Estate Planning 101: Medical Power of Attorney vs Living Will

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In my estate planning practice, clients frequently inquire into the distinctions between Medical Powers of Attorney and Living Wills. This is a great question because, under West Virginia (WV) law, it is not a matter of needing one or the other. There is no battle of "medical power of attorney vs living will." Instead, these documents work together as part of a comprehensive estate plan.

Nurse Practitioner Independent Practice OK for Some APRNs in WV

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If you want to learn about West Virginia's nurse practitioner independent practice law, you're in the right place. In 2016, West Virginia joined 21 other states by broadening the legal scope of practice for nurse practitioners, also known as advanced practice registered nurses (APRNs). This opens the door for a qualified APRN to start his or her own independent practice.

What Is a Durable Power of Attorney?

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Let's start with the basics. A proper estate plan that protects both you and your assets includes the following legal documents: (1) Last Will and Testament; (2) Durable Power of Attorney; (3) Medical Power of Attorney; and (4) Living Will. In my estate planning practice, clients frequently ask: What is a Durable Power of Attorney? Since the purpose of Durable Powers of Attorney is a frequent point of discussion, below I discuss this estate planning tool's function.

Maximizing Your Company's Value for Sale: A Critical Component of Business Succession Planning

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If you are a small business owner considering succession planning, maximizing your company's value is at the top of your to-do list. This blog is the fifth in a series of six designed to help small business owners make important decisions about business ownership transition. Its focus is on how to maximize the value of your company.

Do You Need a Digital Property Estate Plan?

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While there have been some rumblings about handling digital assets in the probate process in West Virginia, there has been no legislation enacted to give specific guidance. Do you need a digital property estate plan? And what is digital property anyway?

Getting Started on Your Internal Transition: Identifying Potential Successors

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Small business owners who have decided to pursue an internal ownership transition often struggle with where to start. This blog is the fourth in a series of six designed to help small business owners ease into the transition process. In this article, we'll focus on identifying potential successors.

Claimant Attorney Fees in WV Workers' Compensation Cases: Who Foots the Bill?

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A common question our workers' compensation practice group receives relates to the payment of workers' compensation claimant attorney fees by claims administrators. With the media reporting daily about excessive attorney fee awards in other areas, concern over this issue is understandable. However, in the context of West Virginia workers' compensation, the claims administrator rarely has to pay a claimant's attorney fees.

Can I Change a West Virginia Irrevocable Trust?

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A trust is a common tool used to manage or pass on a person's assets. Trusts are used for a variety of purposes, such as tax planning, providing financial security for one or more trust beneficiaries, or donating to a charity; however, not all trusts are the same. The purpose or type of a trust may determine who can be a beneficiary or even whether it can be changed after it is created.