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…
July 22, 2016
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…
October 19, 2016
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'…
October 27, 2016
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…
February 27, 2017
Can an Inmate Get Workers Compensation in WV?
Can an inmate get workers’ compensation if he or she is injured while on work release? In West Virginia (WV), as in most states, the typical legal answer applies: It depends. In fact, the WV Supreme Court of Appeals has specifically addressed…
July 03, 2017
WV Supreme Court Allows PPD Award Reduction in Workers Compesation Appeal
Last month, the Supreme Court of Appeals of West Virginia (WV) issued an exciting new memorandum decision in an appeal from a permanent partial disability (PPD) award. In summary, the WV Office of Judges issued a PPD award reduction after a claimant…
August 17, 2017
WV Workers Compensation Claims Adjuster Testimony: Can You Compel It?
An issue that has recently become prevalent in West Virginia (WV) workers’ compensation litigation is whether a claimant has a right to compel deposition testimony of the claims adjuster. The WV Workers’ Compensation Office of Judges…
August 22, 2017
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).…
September 19, 2017
WV Workers’ Compensation Meal Reimbursement
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’…
September 28, 2017
Surveillance of Workers’ Compensation Claimants: Is It Legal in West Virginia?
The attorneys at Jenkins Fenstermaker, PLLC are often asked whether it’s permissible to use surveillance of workers’ compensation claimants in West Virginia and, if so, how that evidence may be used. Consider this common scenario: The…
December 15, 2017