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June 2018 Archives

WV Workers' Compensation Statute of Limitations Addressed by Supreme Court

On May 17, 2018, the West Virginia Supreme Court of Appeals issued a decision applying the WV workers' compensation statute of limitations to bar an untimely. The court's decision has broad implications for workers and employers across West Virginia. While it gives employers solace in that it is an employee's responsibility to initiate the claim process by filing a timely WC-1 form, it also reminds employers that a worker's reliance on conduct by the employer or a claim administrator regarding the filing of a claim may prevent the employer from relying on the statute of limitation to deny an untimely filed claim.

WV Workers' Compensation Meal Reimbursement Addressed by Supreme Court

On April 11, 2018, the West Virginia Supreme Court of Appeals issued its opinion in an appeal of a Board of Review decision denying a WV workers' compensation meal reimbursement claim. The court determined that West Virginia workers' compensation law allows reimbursement for meal expenses during travel for an independent medical exam (IME) located 100 miles away from the claimant's home. The court's decision has broad implications for workers and employers across West Virginia.

Why You Should Discuss Social Security Disability Benefits with Your Estate Planning Attorney

Most people think of an estate plan as just preparing a will and designating where your assets go upon your death. Broader than that, estate planning is actually the process of taking inventory of your assets and determining how to dispose of them for the remainder of your life as well as upon your death. This blog is the third in a series of five blogs discussing five basic types of elder benefits in West Virginia. The first two blogs covered employee retirement benefits and Social Security retirement benefits. This blog turns to why you should discuss Social Security disability benefits with your West Virginia estate planning lawyer.

Arch Coal, Inc. v. Lemon: When Job Activity Worsens a Noncompensable Injury

In a very rare WV workers' compensation rehearing, the West Virginia Supreme Court of Appeals has reversed its earlier decision denying a workers' compensation claim for a secondary injury. In the first opinion, the court determined that the injury was not compensable because it was not work-related. On rehearing, the court withdrew its earlier decision, finding it was based on an inappropriate re-weighing of the facts. The court affirmed the determination by the West Virginia Workers' Compensation Board of Review, which had concluded that when job activity worsens a noncompensable injury, the resulting new injury is compensable.

Introduction to Social Security and Estate Planning

Many consider a key component for retirement planning to be including Social Security in your estate plan, but navigating this federal benefit program can be challenging. This blog covers the basics of this federal government retirement benefit in one of a five-piece overview of benefits for seniors. The first blog covered how to identify and incorporate employment benefits into your estate plan. Here, the focus is on Social Security and estate planning, specifically how Social Security benefits fit into your overall retirement plan.

Overview of Benefits for Seniors: Including Employment Benefits in Your Estate Planning Strategy

Many people correctly think of benefits for seniors as including retirement accounts and Social Security benefits, but few carefully consider how to incorporate all available elder benefits into their retirement plans. This blog is the first in a series of five outlining basic types of elder benefits to consider in establishing a comprehensive retirement plan. The first blog covers the importance of including employment benefits in your estate planning.

Estate Planning Intake Form: Fill in the Blanks

Estate planning is one of the most valuable steps you can take to ensure your health care wishes are respected and your family is provided for in your absence. However, the thought of meeting with an estate planning attorney can be overwhelming. An estate planning intake form is designed to prepare you and help alleviate the stress associated with that first meeting.
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