By Steven Wellman of Jenkins Fenstermaker, PLLC posted in Workers' Compensation on Monday, February 12, 2018.
A common question our workers compensation unit receives relates to the payment of workers' compensation claimant attorney fees by claims administrators. With the media reporting daily about excessive attorney fee awards in other areas, concern over this issue is understandable. However, in the context of West Virginia (WV) workers' compensation, the claims administrator rarely has to pay a claimant's attorney fees.
By Steven Wellman of Jenkins Fenstermaker, PLLC posted in Labor and Employment on Friday, December 15, 2017.
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 treating physician diagnoses the claimant with very serious conditions and prescribes many treatments, including the long-term use of opioid pain medications. Surveillance evidence would tend to make this treatment seem highly unnecessary. The employer wants to approach the treating physician with the surveillance to see if he will stop providing treatment that is clearly unnecessary in light of the tasks the claimant is seen doing in the surveillance video.Let's take a look at the development of the law on workers' compensation surveillance in West Virginia.