Recent changes
Billy Johnson v. Blackhawk Mining - Workers' Compensation Appeal
The West Virginia Supreme Court of Appeals is reviewing a decision concerning Billy Johnson's workers' compensation claim against Blackhawk Mining. The appeal challenges the denial of temporary total disability benefits and the exclusion of a cervical strain as a compensable condition.
ACNR Resources v. Miller - Workers' Comp Appeal Decision
The West Virginia Supreme Court of Appeals affirmed a decision granting Ronald Miller 8.25% permanent partial disability for occupational hearing loss. The court found that the employer, ACNR Resources, Inc., failed to demonstrate reversible error in the Intermediate Court of Appeals' affirmation of the Board of Review's decision.
Conley v. Logan County Board of Education - Workers' Compensation Appeal
The West Virginia Supreme Court of Appeals affirmed a decision rejecting a workers' compensation claim. The claimant, a physical education teacher, appealed after her claim for hip and back pain sustained while leading kindergarteners in dancing was denied. The court found no reversible error in the lower courts' decisions.
Parental Rights Termination Appeal Affirmed
The West Virginia Supreme Court of Appeals affirmed a lower court's order terminating a mother's parental rights. The mother appealed, arguing the court erred by refusing to continue a hearing when neither she nor her attorney were present. The court found no error in the lower court's decision.
Devon Woodward Appeal - Supervised Release Revocation
The West Virginia Supreme Court of Appeals issued a memorandum decision affirming a lower court's order revoking Devon Woodward's supervised release. Woodward appealed, arguing his sentence was disproportionate, but the court found no substantial legal question or prejudicial error.
Supreme Court of Virginia Opinions and Published Orders
The Supreme Court of Virginia has published new opinions and published orders, including decisions on arbitration awards, sovereign immunity claims, and public utility certificate approvals. These documents provide guidance on legal standards and affirm or remand lower court decisions.
Judicial Ethics Advisory Committee Opinions on Judicial Conduct
The Judicial Ethics Advisory Committee (JEAC) of the Supreme Court of Virginia has issued advisory opinions regarding judicial conduct. These opinions clarify compliance with the Canons of Judicial Conduct for judges and individuals subject to these canons.
Tractor Supply Co. v. Coblentz - Statutory Employer Liability
The Tennessee Supreme Court ruled that a retail store purchaser of products is not a statutory employer of a product vendor's injured employee under state workers' compensation statutes. The court clarified that a vendor-vendee relationship, even with ancillary delivery services, does not fall under the "subcontractor" definition for "statutory employer" liability.
Tennessee Jurisdiction for Arbitration Award Confirmation
The Tennessee Supreme Court ruled that Tennessee courts lack subject matter jurisdiction to confirm an arbitration award if the parties agreed that arbitration would occur in another state. This decision vacates lower court judgments and dismisses the petition to confirm the award.
Workers' Comp Review and Aggravation Injury Compensability Clarified
The Supreme Court of Tennessee clarified the standard of review for factual findings in workers' compensation cases and the criteria for compensability of aggravation injuries. The court held that the standard of review is de novo on the record unless the preponderance of the evidence shows otherwise, and aggravation injuries do not require proof of permanent worsening to be compensable.
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