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High Court Says Employer Can Participate in Reevaluation Process

By Sherri Okamoto (Legal Reporter)

Tuesday, November 20, 2012 | 0

An order issued by the West Virginia Workers' Compensation Board of Review that modifies or vacates a previous award of permanent total disability is not subject to challenge based on the involvement of a self-insured former employer in the reevaluation process, given that the participation of the self-insured former employer is clearly anticipated and authorized by the provisions of West Virginia Code Section 23-4-16(d).Case: Justice v. West Virginia Office Insurance Commission et al., No. 11-0113, 11/14/2012, published.Facts: Roy Justice sustained an injury in February 1990 during the co...

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