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House Committee Blames Regulators and Operator for Upper Big Branch Mine Disaster

Better Enforcement and Safety Programs Might Have Saved Lives By John Stahl, Esq. The House Committee on Education and the Workforce (Committee) conducted a March 27, 2012, hearing on the 2010 West Virginia mining tragedy at the Upper Big Branch (UBB) mine. The Committee concluded that the mine operator...

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...