WHEN IS CARPAL TUNNEL SYNDROME WORK RELATED? IT DEPENDS…
Carpal Tunnel Syndrome (“CTS”) injuries – and other repetitive-motion conditions are common for employers to see in the workers’ compensation arena, and they can be considered occupational diseases...
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WORK INJURIES: AN EMPLOYER’S INVESTIGATING AND REPORTING PLAYBOOK
West Virginia law provides specific guidance regarding the reporting of workplace injuries by both employees and employers. For their part, every employee who sustains a workplace injury is obligated...
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WILLIBY v. WVOIC: APPLYING THE “GOING AND COMING” RULE OF WORKERS’ COMPENSATION?
The Employment Essentials blog apologizes for being inaccessible the last several days. We confess to failing to follow appropriate guidelines at our New Year’s Holiday party, with the end result...
View ArticleSHOULD YOU RETURN AN INJURED EMPLOYEE TO WORK? IF AT ALL POSSIBLE, YES!
In West Virginia, the legally-stated purpose of the workers’ compensation program is to assist workers to return to gainful employment after a compensable injury. Even though a worker might not be...
View ArticleREOPENING AND RE-EVALUATING PERMANENT TOTAL DISABILITY AWARDS CONSIDERED BY...
W. Va. Code § 23-4-16(d) was amended in 2005 in regard to permanent total disability (“PTD”) awards that have been previously granted. The amendment requires the private carrier or self-insured...
View ArticleWV LEGISLATURE ALLOWS FOR ATTORNEY’S FEES IN CERTAIN WORKERS’ COMPENSATION...
In 2009, the West Virginia Supreme Court of Appeals created a formal Access to Justice program for the State of West Virginia. The Access to Justice program was established to determine the needs of...
View ArticleLEGISLATURE ALLOWS FOR ATTORNEY’S FEES IN CERTAIN WORKERS’ COMPENSATION CLAIMS
In 2009, the West Virginia Supreme Court of Appeals created a formal Access to Justice program for the State of West Virginia. The Access to Justice program was established to determine the needs of...
View ArticleHOW SHOULD IME DOCTORS APPORTION FOR PRE-EXISTING IMPAIRMENT USING THE AMA...
In West Virginia, Workers’ Compensation statutes provide that an employee who has a definitely ascertainable impairment resulting from an occupational or non-occupational injury, disease, or any other...
View ArticleWV SUPREME COURT ALLOWS TOLLING OF SIX MONTH TIME LIMITATION ON FILING A...
W.Va. Code § 23-4-15 provides the statute of limitations for filing a claim for Workers’ Compensation dependent’s death benefits in West Virginia. In 1986, the Legislature adopted a six month period in...
View ArticleWHAT SHOULD YOU DO WHEN YOUR PROBLEM EMPLOYEE SUDDENLY SUFFERS A WORK INJURY?
Employers are often faced with the situation of an employee whose performance has been deteriorating and, suddenly, the employee suffers a work-related injury. As an employer, what are your options?...
View ArticleLISTEN TO THIS: PIONEER PIPE, INC. V. SWAIN REVERSES 30 YEAR OLD RULE OF LAW...
The claimant worked as a heavy equipment operator for various employers over a thirty-three year period, during which he was routinely exposed to loud noises from the machines he operated and from...
View ArticleARE PTSD CLAIMS COMPENSABLE IN WEST VIRGINIA?
As a general principal in West Virginia, a claimant is precluded from receiving workers’ compensation benefits for a mental injury with no physical cause. West Virginia, like most other states,...
View ArticleWEST VIRGINIA SUPREME COURT FINDS CLAIMANT’S DEATH TO BE WORK-RELATED EVEN...
West Virginia Code § 23-4-10 provides that when a personal injury suffered by an employee in the course of and resulting from his or her employment causes death, and the disability is continuous from...
View ArticleARE IDIOPATHIC INJURIES COMPENSABLE IN WEST VIRGINIA?
One of the more difficult issues in Workers’ Compensation law in West Virginia is whether idiopathic injuries are considered compensable injuries for workers’ compensation purposes. This subject...
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