Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and...more
In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more
The COVID-19 pandemic and post-pandemic era saw an increase in the number of employees working from home. For employers, this raises questions of liability for injuries that occur while employees are working from home....more
The 2021 West Virginia Legislative Session produced a major change for West Virginia workers’ compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Specifically, Senate Bill 275 was enacted to...more
When must an Employer’s First Report of Injury be filed?
The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more
Morton v. West Virginia Office of Ins. Com’r, 2013 WL 5508553, -- S.E.2d ---- (Oct. 4, 2013) (per curiam). Affirming Workers’ Compensation Board of Review’s denial of compensability.
In Morton, the claimant injured her...more