Category Archives: Workers’ Compensation

ARE 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 continues to provide ample opportunity for litigation as private insurers, self-insured employers, and third-party administrators continue to reject workers’ compensation claims that result from an injury of no known cause that occurs while at work.  An example of this type of injury is an employee who is simply walking at work and either suffers a knee injury or an ankle injury unrelated to any type of accident or incident. Sometimes the injury results in a fall and sometimes it does not (and these facts must all be considered carefully).  In recent decisions, the West Virginia Supreme Court of Appeals and the West Virginia Workers’ Compensation Insurance Commission Office of Judges have attempted to clarify the state of the law in regard to these issues.  However, it does appear that the state is moving towards a general rule that provides that idiopathic injuries that occur at work will be considered compensable.  These types of situations are very factually driven, so it usually is a good idea for employers and claims administrators to obtain as much factual and medical information as possible from the time of the initial report of injury to make sure that nothing outside of the scope of work, including a pre-existing medical condition, could have caused the injury.  Read More »

WEST VIRGINIA SUPREME COURT FINDS CLAIMANT’S DEATH TO BE WORK-RELATED EVEN THOUGH HIS HEAD INJURY OCCURRED OVER A YEAR PRIOR WITH NO INTERVENING TREATMENT

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 the date of injury until the date of death, the decedent’s dependents may receive benefits. The West Virginia Supreme Court of Appeals recently affirmed an award of these death benefits, even though the claimant’s disability was not obviously continuous from the time of his work-related injury as he was not in active treatment for any disability at the time of his death. Read More »

ARE 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, provides that for workers’ compensation purposes, no alleged injury or disease shall be recognized as a compensable injury or disease, which was solely caused by non-physical means and which did not result in any physical injury or disease to the person claiming benefits.  The purpose of W. Va. Code § 23-4-1f is to clarify that “mental-mental claims” are not compensable for workers’ compensation purposes in West Virginia.  Read More »

LISTEN TO THIS: PIONEER PIPE, INC. V. SWAIN REVERSES 30 YEAR OLD RULE OF LAW THAT LIMITED WORKERS’ COMPENSATION CHARGEABILITY ATTACHING TO EMPLOYERS

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 equipment being used around him. The claimant worked for his last employer for a total of forty hours. After he was subsequently diagnosed with hearing loss directly attributable to industrial noise exposure, the claimant filed a hearing loss claim for worker’s compensation benefits. Read More »

WORKERS’ COMPENSATION ON THE GRIDIRON

As summer begins to fade into fall, people everywhere are just beginning to enjoy five months of riveting football action.  While most football fans do not link the sight of their favorite team’s colors with issues of employment law, the American gridiron has proved to be one of the most important arenas for the development of modern workers’ compensation law.  Many dedicated football fanatics talk about Jack Lambert’s toothless grimace, Joe Theismann’s broken leg, or Drew Brees’ torn labrum.  Not many football fans consider how Lambert’s busted mouth is repaired, Theismann’s leg is healed, or Brees’ shoulder is reconstructed, though.  The answers are found in the ubiquitous workers’ compensation system.CA9O2OES

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WV SUPREME COURT ALLOWS TOLLING OF SIX MONTH TIME LIMITATION ON FILING A CLAIM FOR DEPENDENT’S DEATH BENEFITS UNDER WORKERS’ COMPENSATION ACT

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 which applications for these benefits may be filed. The code section specifically provides that a dependent must file for death benefits “within six months from and after the injury or death.” The code section further provides that such time limitation is a condition of the right and is jurisdictional. In April 2015, the West Virginia Supreme Court specifically found that this code provision did not intend to completely bar a claim for dependent’s benefits when, due to the medical examiner’s delay in preparing an autopsy report, there was no indication that an employee’s death was work-related until eight months after the death.

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WHERE OUTDOOR WORK AND NATURE COLLIDE: YES, ANIMALS AND INSECTS CAN CAUSE WORK INJURIES

Spring has finally arrived to relieve us from a long, dreary winter.  With warmer weather and longer days, employers now have the opportunity to focus on outdoor projects that have fallen dormant for several months.  However, while warmer weather offers employers a chance to get outside and work, moving that work outside can present some hazards to employees that are often overlooked.  Whether your workplace is a saw mill, a factory, or an office, the natural inhabitants of your environment who are also awakening at this time of year can pose a threat to your employees.  Employers should spend time identifying these potential threats and making to minimize the risks that they present. Animal+Attacks

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ELIGIBILITY FOR WORKERS’ COMPENSATION DOES NOT TURN ON THE EMPLOYER’S FAULT

I was recently asked what happens if an employee is injured at work, and the employer is not at fault.  For example, an employee trips over a chair that is properly tucked into a table, and the employee is injured.  The employer was not at fault for the employee’s fall – after all, the chair was properly placed – and yet the employee could still be entitled to workers’ compensation. Why is that? pic Read More »