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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Jenkins Fenstermaker, PLLC

215 S. 3rd Street

Suite 400

Clarksburg, WV 26301

Phone (304) 521-6120

Toll Free (866) 617-4736

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Image of a level, representing the need to know and balance WV employer workers’ compensation rights and responsibilities.

WV Employer Workers’ Compensation Rights and Responsibilities

By James Heslep Of Jenkins Fenstermaker, PLLC on 01/18/2023

A well-functioning workers’ compensation insurance system should provide for the needs of workers who are injured on the job while shielding employers from exorbitant premiums and unnecessary litigation. West Virginia (WV) has made progress in balancing these priorities in recent years although there is still work to do.


Workers on a jobsite represent the need for employers and insurers to understand workers’ compensation compensability in WV.

Workers’ Compensation Compensability in WV: Part Three

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 01/11/2023

When an employee is injured at work in West Virginia (WV), the employer and workers’ compensation insurance provider, when applicable, may be responsible for covering the resulting expenses, including medical costs and lost wages. However, a variety of factors may be considered when determining workers’ compensation compensability in WV.


Image of an injury claim form, representing the need for employers to know about WV workers' compensation compensability.

WV Workers’ Compensation Compensability: Part Two

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 01/03/2023

When a worker is injured on the job, but the injury occurs as a result of a preexisting condition or certain acts by the employee, an employer may have cause to dispute the compensability of a workers’ compensation claim filed in West Virginia (WV).


Person holding a hard hat, representing the need for employers to understand compensability of workers’ compensation claims in WV.

Compensability of Workers’ Compensation Claims in WV

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 12/28/2022

Employers in West Virginia (WV) must manage business operations and employment matters in what can feel like a funnel cloud of changing federal and state regulations. At Jenkins Fenstermaker, PLLC, we strive to provide legal counsel and representation to alleviate some of this burden.


Image of a gavel, representing the changes to procedures for litigation before the WV Workers’ Compensation Board of Review.

The WV Workers’ Compensation Board of Review: Changes in WV Workers’ Compensation Litigation

By James Heslep Of Jenkins Fenstermaker, PLLC on 10/30/2022

In 2021, the West Virginia (WV) Legislature passed Senate Bill 275, creating an Intermediate Court of Appeals in WV. The legislation also initiated changes to the WV workers’ compensation litigation procedure that became effective on July 1, 2022. With the Office of Judges eliminated and the WV Workers’ Compensation Board of Review taking on the responsibility for initial claim objections, there are some details of which insurers, third-party administrators (TPAs), and employers need to be aware as they issue decisions on workers’ compensation claims.


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