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September 2017 Archives

Travelers Avoids the Burn Following "Arising Out of Asbestos" Construction

On April 21, 2017, the Third Circuit Court of Appeals reversed the judgment of the District Court of the Eastern District of Pennsylvania, finding the meaning of the phrase "arising out of asbestos" found within a policy exclusion to be unambiguous and overturning a more than $36 million dollar judgment against Travelers Insurance.

WV Workers' Compensation Meal Reimbursement

In West Virginia (WV) and many other states, workers' compensation claimants are entitled to travel reimbursement for all medical appointments related to their claims, including both independent medical evaluations (IMEs) and all treatment appointments. What is included in "travel reimbursement"? More specifically, what is an employer legally required to do when faced with a request for WV workers' compensation meal reimbursement?

West Virginia Right to Work Law Finally Goes into Effect

The West Virginia Supreme Court has cleared the way for the state's right to work law to finally go into effect. This law, called the West Virginia Workplace Freedom Act, prevents employers from entering into agreements with unions that require employees to either join a union or pay a service fee to the union. The law was enacted early in 2016, right after the Republican party took control of the state's legislature. On September 15, 2017, the state's high court struck down a preliminary injunction that had prevented the enforcement of the Act, thereby paving the way for the West Virginia right to work law to go into effect.

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

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."
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