Workers’ Compensation & Employers’ Liability Article Archives

Marijuana Is Legal in Your State, Do the Employer and Insurer Have to Pay for It?

With no clear direction and with medical marijuana being a reasonable and necessary treatment, the states have to decide for themselves.

October, 2022 | By Barry D. Bernstein

Originally published in The Legal Intelligencer  Many injured employees believe that because marijuana is legal in their state, it means that the employer and insurer will have to pay for it. This is not correct.  The Controlled Substance Act is a federal law that prohibits the use of marijuana as a scheduled I controlled substance. Therefore, the…

View full article

Stay-at-Home Work Injuries: Workers’ Comp Claims Amid COVID

October, 2021 | By Todd E. Saucedo and Jillian M. Petrella

Todd E. Saucedo and Jillian M. Petrella published an article in The Legal Intelligencer discussing how stay-at-home orders during the pandemic have required courts to address injuries for America’s nonessential work force while they work from home.

View full article

West Virginia FY 2022 Workers’ Compensation Rates

June, 2021 | By James S. Maloney

The West Virginia Office of the Insurance Commissioner has recently issued the new State average weekly wage for fiscal year 2022.

View full article

West Virginia Establishes Intermediate Appellate Court; Eliminates WV Office of Judges in Workers’ Compensation Claims

April, 2021 | By James S. Maloney

For a number of years, the creation of an intermediate appellate court in West Virginia has been considered and debated. However, the most recent West Virginia legislative session finally resulted in the creation of an intermediate appellate court. The creation of the Court will have an impact on litigation in terms of workers’ compensation matters in the State.

View full article