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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

Image of a claims adjuster filling out paperwork, representing the decision that a workers' compensation claims adjuster testimony cannot be compelled in a court of law.

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

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 08/22/2017

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.

Image of a doctor reviewing a patient's file, representing the WV Supreme Court of Appeal's decision allowing PPD award reduction in a workers' compensation appeal.

WV Supreme Court Allows PPD Award Reduction in Workers Compesation Appeal

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 08/17/2017

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%.

Image of a man being carried on a stretcher, serving as a reminder of how important it is to have a medical power of attorney in WV in place before the unimaginable happens.

Who Needs Medical Power of Attorney in WV

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 08/01/2017

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 untimely medical care and more stress than necessary on loved ones. Whether you live in West Virginia (WV), Kentucky (KY), or Ohio (OH), having a medical power of attorney (MPOA) in place can help alleviate such a tragic situation.

Image of a man's hands holding onto a prison fence, representing the question asked by many employers,

Can an Inmate Get Workers Compensation in WV?

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 07/03/2017

Can an inmate get workers’ compensation if he or she is injured while on work release? In West Virginia (WV), as in most states, the typical legal answer applies: It depends. In fact, the WV Supreme Court of Appeals has specifically addressed the compensability of an inmate workers' compensation claim for a work release prisoner who was performing work for a state agency when he was injured. The case is Crawford v. West Virginia Department of Corrections. This case is important because it clarifies the rules that apply to inmate workers’ comp claims in the Mountain State, but the issues it raises might be argued in any state in the U.S.

Image of a tablet, cell phone, notebook, and keyboard, representing the need to discuss a digital property estate plan with a knowledgeable attorney who can help you determine how to protect your digital assets if a tragedy occurs.

Do You Need a Digital Property Estate Plan?

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 06/01/2017

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?

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