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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

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Image of a stethoscope and keyboard on a desk, representing Jenkins Fenstermaker’s explanation of changing terminology for medical evaluations in West Virginia workers’ compensation claims.

An Update on Terminology on Medical Evaluations in West Virginia Workers’ Compensation Claims

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 02/25/2021

On February 3, 2021, the West Virginia Offices of the Insurance Commissioner issued a bulletin regarding the terminology commonly used to refer to medical evaluations in workers’ compensation claims. Essentially, the commissioner is discouraging the use of the phrase “independent medical evaluation” for medical evaluations in West Virginia workers’ compensation claims. Instead, he seeks for employers, insurance carriers, and other claim administrators to use alternate language. Looking to existing language in WV workers’ compensation law is a great starting point for understanding the reason behind this bulletin.


Image of blue graphics and words related to franchising on a white background, representing the need for a lawyer who can help you interpret the elements of a franchise agreement.

The Elements of a Franchise Agreement

By Jenkins Fenstermaker, PLLC on 02/23/2021

As a hospitality business owner (or prospective owner), you must carefully weigh the advantages and disadvantages of entering into a franchise agreement with an established company versus building your own brand. If you choose the franchise path, it is critical to understand the common elements of a franchise agreement and to review and discuss the specific details of any legal arrangement you consider with an experienced franchise lawyer.


Image of a gavel next to law books, representing how a WV intermediate court of appeals could impact workers' compensation cases, as experienced WV workers' compensation attorney Steve Wellman of Jenkins Fenstermaker, PLLC explains.

Trying Again for a WV Intermediate Court of Appeals

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 02/19/2021

Once more unto the breach, dear friends, once more!

For the last several years in a row, there has been an effort to enact legislation creating an intermediate appellate court in West Virginia. Currently, West Virginia is one of only a handful of states in which cases go directly from the trial court or court of original jurisdiction to the state’s highest appellate court. Despite the many proposals that have been made, the West Virginia Legislature has thus far failed to enact any law creating a WV intermediate court of appeals.


Image of an easel holding a sign which reads estate planning, representing how you can turn to Jenkins Fenstermaker, PLLC for advice on high net worth tax planning and high asset estate planning.

High Net Worth Tax Planning: What You Need to Know

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 02/16/2021

Individuals with a high net worth have complex estate planning and tax needs. Without strategic planning, estate taxes could significantly reduce the value of your legacy. An experienced estate planning attorney who provides high net worth tax planning and high asset estate planning could help protect your assets from excessive estate taxes. With knowledgeable guidance on the potential tax liability and options to achieve tax savings, you can make the best decision for you and your family. 


Image of word cloud collage centered around “tax deductions,” representing how you can turn to Anna Price at Jenkins Fenstermaker, PLLC for advice on uses of charitable gifts and the limits on charitable giving.

Permissible Uses of Charitable Gifts: What are the limits on charitable spending?

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 02/11/2021

Nonprofits are subject to limits on charitable spending, and understanding those limits is vital for charitable organizations. Misappropriating nonprofit funds—even if an innocent mistake—can expose a charitable organization to the risk of litigation by donors and investigation by the state’s attorney general. With guidance from an experienced attorney for charitable giving, charitable organizations can determine how to allocate gifts in the ways that best suit their philanthropic purpose and meet donor expectations.


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