Welcome to our 10th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from the use of...more
11/1/2024
/ Artificial Intelligence ,
Construction Industry ,
Contractors ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Environmental Litigation ,
Environmental Policies ,
Federal Bans ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Final Rules ,
Heat Exposure ,
Job Ads ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Regulatory Agenda ,
Regulatory Requirements ,
Scams ,
Subcontractors ,
Technology ,
Workers' Compensation Claim
Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and...more
Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political...more
10/2/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Harassment ,
Health and Safety ,
Heat Exposure ,
Lack of Authority ,
New Regulations ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Political Speech ,
Public Policy ,
Regulatory Agenda ,
Workers' Compensation Claim ,
Workplace Safety
In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more
The COVID-19 pandemic and post-pandemic era saw an increase in the number of employees working from home. For employers, this raises questions of liability for injuries that occur while employees are working from home....more
Some West Virginia businesses have implemented COVID-19 vaccine mandates for employees. While the West Virginia COVID-19 Jobs Protection Act (W. Va. Code § 55-19-1 through § 55-19-9) protects people, businesses, and entities...more
Welcome to our final issue of the 2021 edition of SuperVision. Our attorneys have examined trending topics, discussed recent legal developments, and answered frequently asked questions. These are some of the issues we believe...more
11/3/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
The 2021 West Virginia Legislative Session produced a major change for West Virginia workers’ compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Specifically, Senate Bill 275 was enacted to...more
[co-author: Kelsie Wiltse]
Welcome to our third issue of the 2021 edition of SuperVision. It is no surprise that the ongoing COVID-19 pandemic is still causing issues -- and that certainly includes issues for employers....more
8/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
The 2021 West Virginia Legislative Session produced a major change for West Virginia workers’ compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Specifically, Senate Bill 275 was enacted and...more
Commissioner Dodrill's latest Bulletin is a significant change to common practice for carriers, claims adjusters, and attorneys. West Virginia Insurance Bulletin No. 21-03 interprets W. Va. Code §23-4-8(a) and the physical...more
On January 19, 2021, the West Virginia Insurance Commissioner issued Bulletin No. 21-01 providing guidance for employers, workers’ compensation insurers, and self-insured employers regarding COVID-19 workers’ compensation...more
When must an Employer’s First Report of Injury be filed?
The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more
With the surge of coronavirus cases across the United States, and in West Virginia, questions arise concerning compensability of work exposures. Are coronavirus claims compensable under West Virginia workers’ compensation...more
In Emergency Order 20-EO-03, entered March 23, 2020, Insurance Commissioner Dodrill ordered that normal time standards for claims handling applicable to workers' compensation insurers and other regulated entities as set forth...more
In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total...more
9/18/2018
/ Administrative Procedure ,
Adversary Proceedings ,
Disability Insurance ,
Employer Rights ,
Failure to Object ,
Overpayment ,
Reimbursements ,
Supreme Court of Appeal ,
Temporary Total Disability ,
Termination of Benefits ,
Workers' Compensation Claim
...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more
9/17/2018
/ Criminal Convictions ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Handbooks ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Reimbursements ,
Workers' Compensation Claim