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Full-Text Articles in Law

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell Apr 2017

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell

West Virginia Law Review

No abstract provided.


Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory Jan 2009

Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

West Virginia Law Review

No abstract provided.


Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr. Sep 2004

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily A. Spieler Sep 1995

Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily A. Spieler

West Virginia Law Review

No abstract provided.


Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown Jun 1995

Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown

West Virginia Law Review

No abstract provided.


Injured Workers, Workers' Compensation, And Work: New Perspectives On The Workers' Compensation Debate In West Virginia, Emily A. Spieler Jan 1993

Injured Workers, Workers' Compensation, And Work: New Perspectives On The Workers' Compensation Debate In West Virginia, Emily A. Spieler

West Virginia Law Review

No abstract provided.


Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles Apr 1992

Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles

West Virginia Law Review

No abstract provided.


West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley Apr 1992

West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley

West Virginia Law Review

No abstract provided.


Reopenings And Modifications In West Virginia Workers' Compensation Claims: A Practitioner's Guide, Bradley A. Crouser Jun 1990

Reopenings And Modifications In West Virginia Workers' Compensation Claims: A Practitioner's Guide, Bradley A. Crouser

West Virginia Law Review

No abstract provided.


Suicide As A Compensable Claim Under Workers' Compensation Statutes: A Guide For The Lawyer And The Psychiatrist, John Blatt, Christopher P. Bastien Jan 1984

Suicide As A Compensable Claim Under Workers' Compensation Statutes: A Guide For The Lawyer And The Psychiatrist, John Blatt, Christopher P. Bastien

West Virginia Law Review

We live in a highly complex, industrialized environment. Specific work-related events occurring within this context frequently impact negatively on those who are essential to the operation of our industrial system. Often the impact of events produces human misery, suffering and death. Men and women are injured, maimed and killed. Workers' compensation statutes exist to ameliorate the plight of workers and their families through the utilization of compensation in the form of cash-wage benefits and medical care. The economic burden of compensation is ultimately borne by consumers, because the cost of insurance taken out by employers is passed on in the …


Sydenstricker V. Unipunch Products, Inc.: Contribution And Indemnity Under Mandolidis Theory, Richard M. Yurko Jr. Jan 1983

Sydenstricker V. Unipunch Products, Inc.: Contribution And Indemnity Under Mandolidis Theory, Richard M. Yurko Jr.

West Virginia Law Review

No abstract provided.


Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines Sep 1982

Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines

West Virginia Law Review

No abstract provided.


In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler Jun 1982

In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler

West Virginia Law Review

No abstract provided.


Mitchell And Its Progeny: An Analysis Of Recent Developments In The Payment Of Temporary Total Disability Benefits In Workmen's Compensation Cases, Joseph S. Beeson Sep 1980

Mitchell And Its Progeny: An Analysis Of Recent Developments In The Payment Of Temporary Total Disability Benefits In Workmen's Compensation Cases, Joseph S. Beeson

West Virginia Law Review

The West Virginia Supreme Court of Appeals, since it achieved its present composition by virtue of the November, 1976, general election, has had a dramatic impact on the development of workmen's compensation law in West Virginia. Although it is difficult to single out the most significant decisions of the court in this area, most practitioners would probably agree that the two cases having the greatest impact upon workmen's compensation practice and related matters are Mandolidis v. Elkins Industries, Inc. and Mitchell v. State Workmen's Compensation Commissioner. The Mandolidis decision received extensive treatment in an earlier article in this law review …


Workmen's Compensation: The Cumulative Injury Doctrine, Russell Furbee Ethridge Apr 1979

Workmen's Compensation: The Cumulative Injury Doctrine, Russell Furbee Ethridge

West Virginia Law Review

No abstract provided.


The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard Sep 1978

The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard

West Virginia Law Review

The November elections of 1976 brought about a major change in the composition of the West Virginia Supreme Court of Appeals. Three new justices, a majority of the court, were elected. The consequences of the election have been widely felt throughout the State. In no area has its impact been greater, however, than in the area of workmen's compensation law. The court has shown a great willingness to hear workmen's compensation appeals. In reviewing such appeals, the court has chosen to play an active role in the review of evidence, something generally avoided by prior courts. There has been little …


The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins Jun 1978

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …


Workmen's Compensation--Statutory Construction--The Demise Of The Liberality Rule, Thomas W. Smith Feb 1975

Workmen's Compensation--Statutory Construction--The Demise Of The Liberality Rule, Thomas W. Smith

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Retroactivity Of Pneumoconiosis Amendment, Kenneth Joseph Fordyce Feb 1970

Workmen's Compensation--Retroactivity Of Pneumoconiosis Amendment, Kenneth Joseph Fordyce

West Virginia Law Review

No abstract provided.


Workmen's Compensation--The Deliberate Intent Statute: Providing For The Victims Of Industry, Larry Andrew Winter Feb 1970

Workmen's Compensation--The Deliberate Intent Statute: Providing For The Victims Of Industry, Larry Andrew Winter

West Virginia Law Review

No abstract provided.


Workman's Compensation--Dual Capacity Doctrine, William Douglass Goodwin Apr 1967

Workman's Compensation--Dual Capacity Doctrine, William Douglass Goodwin

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Average Weekly Wages, Menis Elbert Ketchum Ii Jun 1966

Workmen's Compensation--Average Weekly Wages, Menis Elbert Ketchum Ii

West Virginia Law Review

No abstract provided.


Domestic Relations--The Effect Of A Bigamous Marriage In A Workmen's Compensation Proceeding, Thomas Franklin Mccoy Dec 1962

Domestic Relations--The Effect Of A Bigamous Marriage In A Workmen's Compensation Proceeding, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.


Master And Servant--Fraud In The Inducement Of An Employment Contract--Effect Under Federal Employers' Liability Act, Herbert Stephenson Boreman Jr. Apr 1962

Master And Servant--Fraud In The Inducement Of An Employment Contract--Effect Under Federal Employers' Liability Act, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Rights Of Claimant Whose Injuries Were The Result Of "Horseplay", Charles Henry Rudolph Jr. Dec 1961

Workmen's Compensation--Rights Of Claimant Whose Injuries Were The Result Of "Horseplay", Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Award As A Proper Subject For Remittitur In An Action Against Third Parties, James William Sarver Dec 1960

Workmen's Compensation--Award As A Proper Subject For Remittitur In An Action Against Third Parties, James William Sarver

West Virginia Law Review

No abstract provided.


A Brief Survey Of The West Virginia Law Of Compensability, William Dean De La Mater Jun 1960

A Brief Survey Of The West Virginia Law Of Compensability, William Dean De La Mater

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Co-Employees Lability For Personal Injury To Fellow Worker, W. E. M. Feb 1960

Workmen's Compensation--Co-Employees Lability For Personal Injury To Fellow Worker, W. E. M.

West Virginia Law Review

No abstract provided.


Assault In Workmen's Compensation Cases, J. S. T. Jun 1959

Assault In Workmen's Compensation Cases, J. S. T.

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Injury Arising Out Of And In The Course Of Employment, T. J. W. Apr 1959

Workmen's Compensation--Injury Arising Out Of And In The Course Of Employment, T. J. W.

West Virginia Law Review

No abstract provided.