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February 2019 Archives

Mitigating WV Deliberate Intent Claims and Costs

In West Virginia (WV), a statutory exception allows employees or their representatives to circumvent workers' compensation immunity and file suit for monetary damages in limited circumstances. These WV deliberate intent claims can be complex and costly. A thorough comprehension of state law and the intricacies of workers' compensation in WV are needed to successfully defend deliberate intent cases.

Medicaid Asset Protection Strategies: Fact and Fiction

Medicaid myths and misunderstandings about long-term care coverage and Medicaid asset protection are abundant. The belief that individuals with significant financial means will never need Medicaid coverage and the idea that all assets must be exhausted before Medicaid coverage becomes an option are among these fictions.

WV Employer Retaliation Defense and Prevention

West Virginia (WV) employers are required by law to provide a workplace that is free from discrimination and harassment. Solidly crafted and enforced employment policies can create a culture that values diversity and deters discrimination. However, when litigation is threatened or arises, employers in the Mountain State may need to develop a WV employer retaliation defense strategy.

Spousal Medicaid Considerations for Long-Term Care Planning

Preparing for the possibility that you will at some point require long-term care, either in a nursing facility or at home, is an often overlooked aspect of estate planning. This third blog in a series of six on the topic of long-term care planning will discuss Medicare and Medicaid coverage, as well as spousal Medicaid rules and requirements that should be taken into consideration.

WV Municipal Defense Lawyers Focus on the Unique Needs of Political Subdivisions

Local government entities in West Virginia--municipalities, cities, government departments, police and fire departments--face a number of challenges. Municipal budgets are tight, and taxpayers do not want public funds to be spent on legal settlements or awards of damages. WV municipal defense lawyers can help government entities or political subdivisions prevent and defend against claims that threaten precious resources.

Elder Care Insurance and Long-Term Care Partnership Programs

Long-term care insurance can ease the burdens of aging by covering the cost of services--such as nursing home or in-home daily living care--not typically covered under Medicare and other health insurance plans. While this coverage can be expensive, there are multiple options to consider, and long-term care partnership programs in many states, including West Virginia (WV), Kentucky (KY), and Ohio (OH), seek to make long-term coverage more affordable and attractive to wider groups of people.

Federal Court Rule Changes Affect Litigants Beginning December 1, 2018

An experienced litigation attorney explains how federal court rule changes affect litigants.

Elder Care Planning in WV, OH, and KY: How to Pay for Long-Term Care

This is the first in a series of six blogs on the topic of long-term care in elder care planning in WV, OH, and KY. The blogs that follow in this series will take more in-depth looks at the topics discussed here. Consulting an attorney for long-term care planning and the guidance of a financial advisor can help you protect your interests and those of your loved ones as you age.

WV Workers' Compensation Legislation in 2019 and Related Bills in Session

Jenkins Fenstermaker workers' compensation attorneys help you understand potential changes to WV workers' compensation legislation in WV legislative bills. Read on to learn more.
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