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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 set of headphones used to protect hearing in an industrial setting, representing a workers' compensation claim and the need to contact an experienced attorney when you have been deemed the chargeable employer in a hearing loss claim.

Chargeable Employer in a Hearing Loss Claim in WV

By Steven K Wellman of Jenkins Fenstermaker, PLLC on 10/27/2016

Most employers in West Virginia (WV) would never imagine that they would be deemed to be the chargeable employer in a hearing loss claim for an employee who worked a mere four days. But that's exactly what happened in a recent workers' compensation appeal before the West Virginia Supreme Court of Appeals, Pioneer Pipe, Inc. v. Swain et al.

Image of workplace flooring, representing the complications presented by claims of idiopathic falls and workers' compensation in WV as described by an experienced workers' compensation attorney.

Idiopathic Falls and Workers Compensation In WV

By Steven K Wellman of Jenkins Fenstermaker, PLLC on 10/19/2016

How do courts decide whether injuries that result from on-the-job falls are compensable workers' compensation claims? Workplace falls are common and can lead to serious, even fatal injuries. No industry is free from the common hazard of idiopathic falls. As a result, many state court systems have considered the interplay between idiopathic falls and workers’ compensation, including the compensability of idiopathic falls.

Image of a pair of glasses laying on top of a contract, representing how drafting a WV arbitration clause requires the knowledge and experience of a business lawyer.

Think Your WV Arbitration Clause Is Solid? Consider This…

By Stephen J. Golder of Jenkins Fenstermaker, PLLC on 09/14/2016

Arbitration can be a less expensive, relatively simple alternative to formal court litigation. Policy at the federal level clearly supports the ability of contracting parties to choose arbitrators over judges to resolve disputes. Regardless, many state courts find creative ways to avoid contractual arbitration clauses. Consider a recent case heard twice by the West Virginia (WV) Supreme Court of Appeals—the case of Schumacher Homes v. Spencer, which determined the enforceability of a WV arbitration clause in the parties’ contract.

Image of a calendar stressing how important it is for employers to give proper notice before changing employee pay in WV.

Give Proper Notice before Changing Employee Pay

By of Jenkins Fenstermaker, PLLC on 07/26/2016

Giving advance notice before pay change may not be in the forefront the mind of an employer. Sometimes, an employer’s attempt to navigate one new rule, regulation or law results in action that is governed by a completely different set of rules, regulations, or laws. Such was the case with proposed changes in federal labor laws under an Obama-era United States Department of Labor (DOL) proposed “final rule” that would have increased the minimum salary for exempt employees. Anticipating that new rule, some employers adjusted employee pay, hours, or exempt status before the rule was to take effect. In doing so, West Virginia employers may have forgotten their own state’s law requiring advance notice to employees before a pay change.

Image of a depressed manager, representing defense of psychiatric worker's compensation claims and how damaging those claims can be to a business.

How to Handle Psychiatric Workers’ Compensation Claims

By Steven K Wellman of Jenkins Fenstermaker, PLLC on 07/22/2016

A common question presented to workers’ compensation attorneys involves how to handle psychiatric workers’ compensation claims. A 2012 opinion of the West Virginia Supreme Court of Appeals illustrates one approach to deciding this difficult question.

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