In spite of the deference afforded West Virginia's Workers' Compensation Board of Review when it comes to fact-finding, the state's Supreme Court, in a memorandum decision, reversed the Board's decision that awarded benefits for a worker's bilateral...
The Supreme Court of Appeals of West Virginia, in a memorandum decision, affirmed a decision of the state’s Workers’ Compensation Board of Review that denied dependent’s benefits and fatal dependent’s benefits to the daughter of a worker...
Continuing a line of similar decisions reached in various courts over the past year or so, the Fourth Circuit Court of Appeals held that the Airline Deregulation Act of 1978, 49 U.S.C. § 41713(b)(1), expressly preempted West Virginia's efforts to regulate...
In a divided memorandum decision, the Supreme Court of Appeals of West Virginia reiterated its narrow rule regarding the compensability of claims in which a compensable injury aggravates a preexisting condition. Citing Gill v. City of Charleston , 236 W. Va. 737...
Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when he was struck...
CA: Ins. Dept. Announces 10.5 Percent Workers’ Comp Rate Reduction . CA: New Round of Charges Filed Against Medical Providers in WC System . CA: Sen. Mendoza Calls for Study, Investigation of WC Fraud . CA: UnitedHealth Exits ACA Market in California...
Senator Wants CDC to Explore Use of Medical Marijuana to Combat Opioid Abuse . NIOSH Explains Recommended Exposure Limit for Occupational Noise . NIOSH Offers Employers Advice on Helping Workers Use Vehicle Safety Features . AL: SB 122 Would Limit Employer’s...
Experts Identify Top 10 Issues to Watch for Workers’ Comp in 2016 . EEOC Seeks Comments on Proposed Enforcement Guidance on Workplace Retaliation . Insurance Information Institute President Dr. Robert Hartwig to Step Down . Obama Budget Would Invest...
ProPublica Examines Power, Wealth of Middlemen at Workers Comp Conferences . CDC Reports Increase in Drug, Opioid Overdose Deaths in U.S. 2000-2014 . CDC Opens Comment Period for Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain . NIOSH Examines...
NCCI Analyzes State Differences in Diagnosis, Treatment of Joint Injuries . Businesses Consider Purchase of Active Shooter Insurance . Study Finds News Media Focuses on Criminal, Not Preventative Aspects of Opioid Abuse . CA: DWC Posts Changes to OMFS (Physician...
Experts Predict Shrinking of Workers Comp, Blurring of Healthcare/WC Systems . CEOs of On Demand Companies Call for Worker Safety Net, Work Protections, Benefits . Domestic Worker Advocates Push New Initiatives for On-Demand Workers . CDC Posts Factors Associated...
In a memorandum decision, the Supreme Court of Appeals of West Virginia held that a state trial court appropriately dismissed a deliberate intent suit filed by the personal representative of a deceased worker against the former employer where the representative...
OSHA Extends Comment Period for Proposed Rule on Employer Record Keeping . NIOSH Posts 2014 Mid-Year Worker Fatality Report for Oil and Gas Industry . AFL-CIO Releases 2015 Edition of Death on the Job: The Toll of Neglect . Museum of Tort Law, Which Includes...
The Supreme Court of Appeals of West Virginia affirmed a decision of the state’s Workers’ Compensation Board of Review that rejected an employee’s application for benefits where the employee claimed he sustained head, ankle, and neck injuries...
Obama Signs Executive Order for Federal Contractors to Provide Paid Sick Leave . Lawmakers Introduce Bill to Lower Prescription Drug Prices . Houses Passes Bills to Address Opioid Abuse . NIOSH Examines Lessons Learned of 9/11 Health Effects . Study Finds...