To embed, copy and paste the code into your website or blog:
The 2021 West Virginia Legislative Session produced a major change for West Virginia workers’ compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Specifically, Senate Bill 275 was enacted and creates an Intermediate Court of Appeals for West Virginia. It also eliminates the Workers’ Compensation Office of Judges (“OOJ”) and establishes the West Virginia Workers’ Compensation Board of Review (“BOR”) as the initial reviewing body for objections to decisions made by insurers regarding workers’ compensation claims.
After June 30, 2022, the OOJ will be eliminated and, effective July 1, 2022, all powers and duties of the OOJ will be transferred to the BOR. (W. Va. Code § 23-1-1h). After this date, all objections to decisions of the Insurance Commissioner, private carrier, or self-insured employer, must be filed with the BOR instead of the OOJ. The BOR will have exclusive jurisdict
To embed, copy and paste the code into your website or blog:
March 31, 2021 was Cross-Over Day at the West Virginia Legislature. This is the day when all bills must pass out of their house of origin and on to the other chamber. Historically, just over 23 percent of all bills clear this hurdle and, once over to the other side of the Capitol, 65 percent of them end up being enacted. This year, a total of 2,037 bills have been introduced or originated in the Legislature. By the time both chambers recessed on Cross-Over Day, 389 bills had made the journey. Since the Legislature has already completed action on several dozen of those, there are now only 294 active bills pending. Among those bills are Governor Justice s tax proposals, together with competing versions from both the Senate and the House. In other significant news, however, is the passage of a bill creating an Intermediate Court of Appeals in West Virginia. This legislation has been a priority of the Chamber of Commerce a
To embed, copy and paste the code into your website or blog:
The Protecting the Right to Organize PRO Act was introduced on February 4, 2021 and passed the U.S. House of Representatives last night. If enacted, it would change labor law in the United States significantly by altering the National Labor Relations Act ( NLRA ) in major ways. First, the PRO Act would allow unionized workplaces to require payment of union dues by all employees as a condition of employment, ending the right-to-work laws in states. The PRO Act anticipates that this requirement would be enforced through union security clauses in collective bargaining, which subject an employee to termination if they were to refuse to pay union dues. Under the PRO Act, employers also would be prevented from permanently replacing striking employees during collective bargaining (and preclude lockout in some instances), which can put the union at a huge advantage when it comes to negotiations. Along those lines, unionized em
increases political oversight and control over rules promulgated by local health boards. The bill requires a 30-day public comment period for new or amended rules and authorizes county commissions to approve, disapprove, and even amend such health rules. Where there is joint control over a health department, such as between a municipality and a county, but only one of those entities approves a new or amended rule, then such rule would be in effect only in the approving jurisdiction. The bill would not affect existing rules, unless such are amended by the health department. Finally, the bill requires local health departments to come under the control of the state health officer during a state of emergency in that county. Certain healthcare related citizens groups, including clean indoor air advocates, have expressed opposition to the bill and may ask the Governor to veto it.
Most mergers and acquisitions and bankruptcy practitioners are well aware of the ever-increasing use of leveraged buy-out ("LBO") by publicly traded companies and private equity groups.