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Could Electrocuted Foreman who Lost Hand get Jacuzzi, Porch Repairs?
Could Electrocuted Foreman who Lost Hand get Jacuzzi, Porch Repairs?

What Do You Think? Claims administrators should not automatically deny every request for medically related equipment, even if it seems at first glance far out. But they should consider whether the claimant has provided anything […]
Stats on Risk of COVID from Work don’t Automatically Shut Down W.Va. Nurse’s Claim
Stats on Risk of COVID from Work don’t Automatically Shut Down W.Va. Nurse’s Claim

Is statistical evidence that a worker was just as likely to contract COVID-19 outside of work than at work enough, by itself, to defeat a workers’ compensation claim? The state’s High Court recently addressed that […]
Was Firefighter Injured Doing Laundry Entitled to Workers’ Comp?
Was Firefighter Injured Doing Laundry Entitled to Workers’ Comp?

What Do You Think? Firefighting is a difficult and dangerous job. So, when a firefighter gets hurt at work, one assumes the injury occurred when he or she was heroically battling a dangerous conflagration–not when […]
Was Putting Pest Tech on Unpaid Leave a ‘Reasonable Accommodation’ for Injured Knee?
Was Putting Pest Tech on Unpaid Leave a ‘Reasonable Accommodation’ for Injured Knee?

What Do You Think? An employer generally has discretion to choose among reasonable accommodations for purposes of ADA compliance. A case involving a Maryland pest control technician for Orkin addresses the question of whether putting […]
Could Worker Whose Leg was Crushed by a 3,000-lb Pipe in Pa. Collect W. Va. Benefits?
Could Worker Whose Leg was Crushed by a 3,000-lb Pipe in Pa. Collect W. Va. Benefits?

When an employee of a West Virginia company is injured while working in another state, which state pays? As one case shows, this tends to hinge on how long the claimant worked in the other […]
Did Past Falls Justify Trashing Part of Garbage Man’s Compensation for Concussion?
Did Past Falls Justify Trashing Part of Garbage Man’s Compensation for Concussion?

In West Virginia, employees are not entitled to compensation for the portion of an injury that is the result of pre-existing conditions. One case shows why it’s important for employers to ensure that at least […]
Was Janitor whose Knee Popped in Hallway Entitled to Benefits?
Was Janitor whose Knee Popped in Hallway Entitled to Benefits?

What Do You Think? Ravenswood, WV (WorkersCompensation.com) -- To obtain workers’ compensation benefits, an employee generally has to show, among other things, that her injury was caused by her work activities. A case involving a […]
Preexisting Injuries Pose No Problem for W.Va. Mechanic’s Claim
Preexisting Injuries Pose No Problem for W.Va. Mechanic’s Claim

Case File The West Virgina top court upheld an Office of Judges' decision that found in a worker's favor on the basis that the employer didn't connect the dots between an alleged preexisting condition and […]