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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

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.

Gavel, representing how Jenkins Fenstermaker’s Mac Heslep explains efforts that have resulted in positive WV workers’ compensation rate changes.

WV Workers’ Compensation Rate Changes Highlight Progress

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

In July of 2022, the National Council on Compensation Insurance (NCCI) and West Virginia (WV) Governor Jim Justice announced that workers’ compensation rates for employers in the Mountain State would decrease for the 18th year in a row on November 1, 2022. These WV workers’ compensation rate changes reflect the work and advocacy of many committed individuals and groups in WV that have taken some of the steps necessary to rein in costs and create a more manageable system for covering employee injuries while addressing abuse and other issues that bogged the system down for many years.

Coal workers on a job site, representing how legislation affecting coal operators, like the IRA, impacts all of West Virginia.

Legislation Affecting Coal Operators: The Inflation Reduction Act

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

With inflation reaching levels not seen in decades, the entire country feels a financial squeeze. In an effort to stabilize the economy, the federal government created the Inflation Reduction Act (IRA) of 2022. The act has important implications that West Virginia (WV) businesses should review. More specifically, staying informed about and understanding legislation affecting coal operators, as this act does, is essential to stakeholders in WV’s energy industry.

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