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Workers' Compensation Archives

Addressing Claims against Third-Party Workers' Compensation Administrators

The upheaval in the West Virginia (WV) appellate court from 2018 has passed, and the current appellate judiciary has begun to issue opinions. The "new" WV Supreme Court of Appeals has handed down its first decisions regarding workers' compensation appeals since three new justices were seated. In an opinion released June 12, 2019, the court addressed claims against third-party workers' compensation administrators in WV in a decision that could have important implications for the workers' compensation world in West Virginia.

Analyzing 2019 WV Workers' Compensation Trends

Predicting how the West Virginia Supreme Court of Appeals will decide cases has become less certain because three of the five justices joined the court less than one year ago. That is no less true for workers' compensation decisions. But appellate court decisions and related events to date may indicate a change in direction to a more conservative insurer- and employer-friendly court. Jenkins Fenstermaker's Steve Wellman analyzes 2019 WV workers' compensation trends to date.

Effectively Manage Deliberate Intent Claims

Employers in West Virginia (WV) face a variety of legal challenges, but those arising out of workplace injuries can be some of the most complex. An experienced WV deliberate intent defense lawyer can help businesses navigate the various laws and regulations that apply in these specific cases and improve the chances of successful resolution.

2019 WV Workers' Compensation Bills: Post-Session Update

Several 2019 WV workers' compensation bills were proposed, but only one passed. Learn about the bills relating to attorney representation in hearing loss claims, scope of coverage, OP and black lung benefits, and the oft-proposed intermediate court of appeals here.

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.

The West Virginia Opioid Reduction Act and Workers' Compensation

In the spring 2018 session of the West Virginia Legislature, the West Virginia Opioid Reduction Act was passed. The law went into effect on June 7, 2018. The Act is not a workers' compensation statute, per se, meaning that it does not state that it applies to workers' compensation, but it does not expressly exempt workers' compensation from its coverage either.

Statute of Limitations in OP Claims Affirmed by the Supreme Court of Appeals of WV

On November 2, 2018, the Supreme Court of Appeals of West Virginia affirmed a group of consolidated cases involving the time period within which occupational pneumoconiosis (OP) workers' compensation claims may be filed. The statute of limitations in OP claims in West Virginia (WV) is defined by state law. The cases reviewed by the court presented an interesting question of statutory interpretation in workers' compensation OP claims.

The WV Workers' Compensation Fee Schedule and Provider Agreements

In an effort to contain medical charges for workers' compensation claims, West Virginia (WV) imposes a fee schedule for medical service providers. The WV workers' compensation fee schedule for medical reimbursements specifies the maximum amount that can be charged by a provider for a specific service.

Update: Temporary Total Disability and WV Workers' Compensation Overpayment

West Virginia workers' compensation news continues in June 2018. An announcement by the West Virginia Offices of the Insurance Commissioner and an opinion handed down by the West Virginia Supreme Court of Appeals have employers paying attention. First, the Insurance Commission has released the Workers' Compensation Benefit Rates for the 2019 fiscal year. And second, the appellate court handed down its opinion in Reed v. Exel Logistics, Inc., creating questions about how to recover a WV workers' compensation overpayment.

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.
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