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Category Archives: Workers’ Compensation

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 being a several-day long hangover.  But we’re back up and running into 2012, starting with this excellent piece on the always fact-specific ‘going and coming’ [...]
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MANAGED CARE DEVELOPMENTS IN WORKERS’ COMPENSATION

In 2006, managed care of workers’ compensation claims went active in West Virginia.  The move to managed care had begun in the early 1990s as increases in medical costs had become the primary drivers of workers’ compensation costs.  Initial attempts to implement managed care systems involved the implementation of preferred care guidelines in states like [...]
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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 to provide immediate – or as soon thereafter as practicable – written notice of the injury to the employer.  State regulations in West Virginia require this, [...]
Also posted in General Employer Interest | Leave a comment

WORKERS’ COMPENSATION DISCRIMINATION: “I WANT TO TRANSFER” DOESN’T MEAN “I QUIT”

Last month, the Supreme Court of Appeals of West Virginia did something that it rarely does, and the fact that it took this very uncommon action in an employment case should get the attention of employers everywhere.
Also posted in Discrimination (Title VII / EEO), General Employer Interest | Leave a comment

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 under the West Virginia Workers’ Compensation Act, as well.   But since these types of conditions can often be the result of activities outside of the workplace, how [...]
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WEST VIRGINIA SUPREME COURT: EMPLOYEES CAN SIMULTANEOUSLY RECEIVE SOCIAL SECURITY AND TEMPORARY TOTAL DISABILITY BENEFITS — UP TO 80% OF THEIR PRE-INJURY WAGE

In West Virginia, workers injured in the course of their employment often seek workers’ compensation benefits.  These benefits are provided to workers by employers in accordance with state law.  One type of workers’ compensation benefit that is frequently sought by injured employees is temporary total disability benefits.  Temporary total disability benefits are awarded to workers [...]
Also posted in General Employer Interest | Leave a comment

A WORKERS’ COMPENSATION CLAIM: THE PERFECT END TO AN EMPLOYER-SPONSORED CHARITY EVENT

It is quite common for employers to encourage volunteering and other charitable activities among its workforce.  Sometimes, an employer will even sponsor and host charitable functions at its worksite, which may include recreational activities.  Such activities, however, should be carefully monitored, or you may end up with a workers’ compensation claim on your hand.
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WORKERS COMP AND LIGHT DUTY

“Workers comp premiums are killing me. Is there some way to keep my experience rating lower?” This is a question we get a lot from employers. Policies requiring prompt reporting of injuries and consistent enforcement of safety rules are a good starting point. If an employee nevertheless is injured and receives TTD benefits, having a [...]
Also posted in Human Relations | Leave a comment

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