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Author Archives: Nathan Bass
Court: Workers’ Comp shouldn’t pay for psychiatric drugs in electric shock case
CHARLESTON – Psychiatric drugs are not compensable medication for a Workers’ Compensation claimant who suffered an electric shock on the job, according to a ruling from the state Supreme Court. The unanimous ruling was filed by the court on May … Read More
Marshall employee’s Workers’ Comp claim given chance to develop
CHARLESTON – The state high court has reversed and remanded a Marshall University administrative support employee’s Workers’ Compensation rejection, sending the carpal tunnel claim back to the Workers’ Compensation Board of Review for “proper consideration.” The Court issued the 3-1 … Read More
Supreme Court rules widow’s benefits claim filed too late
CHARLESTON – The state Supreme Court has found that the widow of a coal miner who died from occupational pneumoconiosis could not collect benefits because her claim was filed four and a half months after the allowable time period for … Read More
SC rules Summersville RadioShack’s lease expired
CHARLESTON – A Summersville RadioShack will have to move after the state’s high court rejected the store owner’s argument that the lease had been extended. The state Supreme Court issued the unanimous memorandum opinion on May 3. Carlotta Evans, a … Read More
Court affirms foreclosure sale price
CHARLESTON – The state Supreme Court has found that the purchase price obtained for a piece of property at a foreclosure sale did not “shock the conscience” and affirmed the circuit court’s denial of the property owner’s request for a … Read More
Supreme Court dismisses Randolph County lawsuit over sewage back-up
CHARLESTON – The state Supreme Court has found that a Randolph County couple’s personal injury and property damage case arising from the alleged negligent clean-up of a sewage back-up was properly dismissed by the circuit court. The court issued the … Read More
Agriculture Dept. worker, fired over alleged sexual comments and material, loses appeal
CHARLESTON – The state Supreme Court has found no violation of rights in the dismissal of a state Department of Agriculture employee for his alleged inappropriate behavior. The unanimous memorandum decision was filed by the court on April 26. Robert … Read More
Fourth Circuit says no conflict of interest in law firm’s appointment
CHARLESTON – A federal appeals court has found no conflict of interest in a bankruptcy trustee’s appointment of a law firm that represented another party in a separate debt collection action against one of the bankrupt partnership at issue’s general … Read More
Supreme Court rules Ill. court lacked jurisdiction over W.Va. resident
CHARLESTON – The state Supreme Court has refused to grant full faith and credit to a default judgment obtained against a West Virginia resident in an Illinois court. The unanimous memorandum opinion was issued by the Court on April 12. … Read More
Supreme Court says plaintiff’s testimony lacked detail
CHARLESTON – The state’s highest court has affirmed a circuit court’s award of summary judgment to Grafton Truss and Panel Company in a case in which an employee blamed the company for allowing employee misconduct that led to his injury. … Read More
Ex-wife owed $57K in child support can’t make claim in wrongful death settlement
CHARLESTON – The state Supreme Court ruled that an ex-wife who was owed back child support on her now adult children does not a have claim on a wrongful death award received as a result of her former husband’s death. … Read More
Supreme Court rejects man’s claim for more in Workers’ Comp case
CHARLESTON – The state Supreme Court has affirmed the Workers’ Compensation Board of Review’s finding that an injured worker was only eligible for a certain amount of compensation. The unanimous memorandum opinion was issued by the court on March 28. … Read More
Company not at fault for fire at hotel started by off-duty employee
CHARLESTON – The state Supreme Court ruled that a construction company could not possibly be liable for a fire at a hotel caused by the company’s off duty employee’s dropped cigarette. The March 29 opinion affirmed the Circuit Court of … Read More
Personal injury plaintiff’s claim dismissed for failure to serve CSX
CHARLESTON – The state Supreme Court has affirmed the Circuit Court of Cabell County’s granting of CSX Transportation’s motion to dismiss a lawsuit brought against it due to the plaintiff’s counsel’s alleged failure to properly serve it with notice. The … Read More
Preston couple can’t bring loan claim under consumer protection statute
CHARLESTON – The state Supreme Court has ruled against a Preston County couple who sought to have a bank loan characterized as a “consumer loan” rather than a “commercial loan.” Doing so might have found them relief under the West … Read More