Workers' Compensation

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Workers' Compensation
Workers' Compensation

The workers' compensation team at Bowles Rice McDavid Graff & Love provides aggressive representation of employers before the Workers' Compensation Commissioner, Office of Judges, Appeal Board, and before the West Virginia Supreme Court of Appeals. In addition to the more traditional defense of workers' compensation claims related to compensability and disability issues, we also represent employers in disputes related to workers' compensation rates, industry classifications, and other administrative disputes which impact workers' compensation costs. We are active in reviewing and commenting upon proposed rules, regulations, and legislation in this area to ensure that our clients' views are heard.

Seven attorneys and six legal assistants in our Charleston office devote all or a substantial portion of their practice to workers' compensation issues. Our Martinsburg, Morgantown, and Parkersburg offices also have workers' compensation lawyers and staff, and we work as a firm-wide team to offer consistently high quality service. Our workers' compensation group includes attorneys and legal assistants who have previously worked at the Workers' Compensation Division, Workers' Compensation Appeal Board and Supreme Court of Appeals of West Virginia. We presently represent over 100 companies in the defense of workers' compensation claims, ranging from small companies with few pending claims to national and international coal and manufacturing concerns with over 1,000 employees. We have handled more than 10,000 active workers' compensation matters for our clients, including Eastern Associated Coal Corp., Williams Union Boiler Company, Monsanto Company, Century Aluminum of West Virginia, Inc., McJunkin Corporation, Cecil I. Walker Machinery Company, Bell Atlantic- West Virginia, Inc., Rollins, Inc./Orkin Exterminating Company and AFG Industries, Inc.

Our firm drafted the workers' compensation legislation introduced by the business community in the 1993 session of the West Virginia legislature and was active in promoting the legislation introduced by the business community in the 1995 session, much of which was incorporated into the reform bill which was ultimately passed. We keep abreast of workers' compensation developments through participation in the West Virginia Manufacturers Association, the State and regional Chambers of Commerce, the Workers' Compensation Committee of the West Virginia State Bar Association, and similar professional associations and organizations.

It is the philosophy of our firm to provide the highest quality legal representation efficiently and at the lowest possible cost to our clients. We have trained our workers' compensation legal assistants to perform more routine tasks, reserving our lawyers' time and energy for those matters requiring legal knowledge and skills, and utilize the services of a nurse paralegal to assist us with the medical issues frequently involved in the defense of workers' compensation claims. We have computerized the docketing and case management of our practice to enhance efficiency and to insure that the bureaucratic nature of the Workers' Compensation Division and the paper intensive nature of the practice do not hamper our goals to complete litigation efficiently and effectively. Additionally, we have interfaced electronically with the West Virginia Workers' Compensation Division and with two third-party administrators, and can directly access computer information related to our mutual clients. With our statewide presence and video conferencing at four of our West Virginia offices, we also minimize certain travel expenses relative to attendance at hearings, depositions, and appearances before the West Virginia Workers' Compensation Commissioner, Office of Judges, Appeal Board and Supreme Court.

We offer a variety of fee arrangements, including standard hourly rate structures, blended hourly rates, and fixed retainer agreements in an effort to creatively team with our clients to reduce overall costs related to the workers' compensation system. Working closely with in-house staff and third-party administrators, we offer training that assists clients to pre-screen claims and to implement procedures that reduce costs. Once the decision has been made to litigate claims, we aggressively defend our clients' interests in an effort to minimize employer losses.

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