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West Virginia

March 17, 2023

eNotes: Workers’ Compensation – March 2023 – West Virginia

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Duff v. Kanawha County Commission Intermediate Court of Appeals of West Virginia No. 22-ICA-10 Decided: December 9, 2022 Examining physicians must examine all relevant information available to them and clearly identify in their reports what they have examined and considered and how they have arrived at their conclusions… read more

June 21, 2022

Creation of West Virginia Intermediate Court of Appeals and Impact on Workers’ Compensation Practice

In April 2021, the West Virginia Appellate Reorganization Act was enacted with an effective date of July 1, 2022. In addition to creating an intermediate appellate court (the West Virginia Intermediate Court of Appeals) below the West Virginia Supreme Court of Appeals (previously the only appellate court in the state), the statute also reorganized the… read more

February 21, 2022

eNotes: Workers’ Compensation – February 2022 – West Virginia

SIGNIFICANT CASE SUMMARIES WV CASE SUMMARY Blue Flame Pipeline, LLC v. James Thomas State of West Virginia, Supreme Court of Appeals No. 20-0291 (Memorandum Decision) Decided: June 23, 2021 Even though the claims administrator never received a WC-1 Report of Injury, notice was sufficient under WV Code §23-4-15(a) because the claims administrator had actual notice… read more

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