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Governor Tomblin Vetoes the “Workplace Freedom Act” and the Prevailing Wage Bill

The law setting prevailing wages in West Virginia has been a source of controversy through the years. Some argue that the law inflates the cost of West Virginia public construction contracts. Others argue that the law benefits local workers and…


How to Handle Psychiatric Workers’ Compensation Claims

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…


Give Proper Notice before Changing Employee Pay

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,…


Idiopathic Falls and Workers Compensation In WV

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…


Chargeable Employer in a Hearing Loss Claim in WV

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'…


The New Overtime Rule? Never Mind

Do you remember Gilda Radner's portrayal of the Emily Litella character on Saturday Night Live? While in the midst of delivering an impassioned editorial, Emily would be informed that she had made a fundamental factual error. She would then end…


The New Overtime Rule May Never Take Effect-But Don’t Relax Just Yet

Will the U.S. Court of Appeals for the Fifth Circuit allow the new overtime rule to go into effect? If it does, how long will it take for President-elect Trump and the Republican-led Congress to stop the rule? And what should employers do in the…


Senate Bill 224-Eliminating Wage Payment Bonds for Some Employers

In 2017, the West Virginia (WV) Legislature proposed legislation eliminating the requirement for wage payment bonds for some employers. Instead, the Legislature passed a weakened WV Senate Bill 224, amending the Wage Payment and Collection Act to…


Whole Body Medical Impairment Threshold Considered by WV Supreme Court

Employers and insurers should take note of a West Virginia Supreme Court decision involving permanent total disability thresholds. In March 2017, the Court issued its decision in Cooper v. Appalachian Power Company, determining that the Rule 20…


More West Virginia Employees May Soon be Drug Tested

As of July 7, 2017, employers have much more leeway to conduct workplace drug testing in WV for illegal drugs--but only if employers also institute new procedural safeguards. That is because on April 8, 2017 the House of Delegates passed the West…