Jenkins Fenstermaker, PLLC

Local: 304.521.4571

Toll Free: 866.617.4736

Quality. Dedication. Service.

Huntington Business & Commercial Law Blog

Speakers on WV Law Available to Present about Employment Issues after a Workplace Injury

Photo of Steven Snyder
On September 12, 2017, a group of three Jenkins Fenstermaker attorneys had the honor of presenting to the West Virginia Rural Water Association (WVRWA) at their 32nd Annual Training and Technical Conference in Charleston, West Virginia (WV). Their presentation was entitled, "Accidents Will Happen: Employment Issues After a Workplace Injury."

An Estate Administration Lawyer in WV: Your Navigator of the Probate Process

Photo of Anna Price
The death of a loved one brings on a world of grief for those left behind. There is often a flurry of personal emotions such as fear, anger, guilt, sadness, and despair. And if that is not enough, there are well-meaning people who call, send cards, and stop by, often asking about events surrounding the final days. Wondering whether to contact an estate administration lawyer in WV to determine how the probate process works is usually not top-of-mind during such a difficult time.

Protect Your Second Amendment Rights with the Help of a Gun Trust Lawyer

Photo of Anna Price
The Second Amendment of the United States Constitution grants us the right to bear arms. It states as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." A gun trust lawyer can help you exercise this right for yourself and your heirs.

WV Workers' Compensation Claims Adjuster Testimony: Can You Compel It?

Photo of Steven Wellman
An issue that has recently become prevalent in West Virginia (WV) workers' compensation litigation is whether a claimant has a right to compel deposition testimony of the claims adjuster. The WV Workers' Compensation Office of Judges (OJ) recently issued a decision that bears directly on the issue of workers' compensation claims adjuster testimony.

WV Supreme Court Allows PPD Award Reduction in Workers' Compensation Appeal

Photo of Steven Wellman
Last month, the Supreme Court of Appeals of West Virginia (WV) issued an exciting new memorandum decision in an appeal from a permanent partial disability (PPD) award. In summary, the WV Office of Judges issued a PPD award reduction after a claimant appealed from the decision of the claims administrator, dropping the PPD award from 4% to 1%.

Who Needs a Medical Power of Attorney in WV?

Photo of Anna Price
Most people don't want to think about what will happen to them if they are in an accident or become very ill and incapacitated. Unfortunately, not preparing for such unthinkable situations can lead to unnecessary medical care and undue stress on loved ones. Having a medical power of attorney (MPOA) in place can help alleviate such a tragic situation whether you live in West Virginia (WV) or elsewhere.

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

Photo of Steven Snyder
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

Photo of Steven Wellman
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

Photo of Rachel Turner
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

Photo of Rachel Turner
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.