West Virginia Supreme Court Continues Trend of Weakening Medical Management Guidelines

By H. Dill Battle, III In a new reported decision the West Virginia Supreme Court of Appeals addressed the addition of psychiatric diagnoses as a secondary condition to a compensable injury. In Hale v. WVOIC and Rockspring Development, Inc . , No. 101028, (W. Va. March 22, 2012), the Court continues...

West Virginia Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune From Common Law Suits

By H. Dill Battle, III The Supreme Court of Appeals of West Virginia recently decided that a second employer can be considered a “special employer” giving rise to special employment status for workers’ compensation immunity purposes. The specific issue of whether a temporary employer...