Tag Archives: West Virginia

West Virginia Statute Barring Comp Benefits for Many—But Not All—Work Release Inmates is Constitutional

A provision in the West Virginia Workers’ Compensation Act [W. Va. Code § 23–4–1e(b)] that prohibits an inmate housed at a state work release center from receiving workers’ compensation benefits for injuries sustained while performing work for the state’s Division … Continue reading

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West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims

The Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not have learned through reasonable diligence, that her husband’s cause of … Continue reading

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West Virginia Employee’s Unexplained Fall Was Idiopathic And Not Compensable

In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the denial of workers’ compensation benefits to an employee who suffered a dislocation of his left knee and a tear of the meniscal cartilage while at work, … Continue reading

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“Mental-Mental” Claims: Within Which Category Does West Virginia Fall?

As you may know, later this month (Nov. 20–22), attorneys, academics, claims managers, risk consultants, and others will gather at the 22nd Annual National Workers’ Compensation and Disability Conference & Expo, at Mandalay Bay in Las Vegas. I’m on two … Continue reading

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