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25 articles

State Court
•4 min read
West Virginia Supreme Court

West Virginia High Court Upholds Guardian Termination in Child Welfare Case

The West Virginia Supreme Court of Appeals affirmed a circuit court's decision to terminate a guardian's custodial rights to two children after she allegedly allowed unsupervised contact with their biological parents, whose rights had been previously terminated. The guardian's appeal for an improvement period was denied.

•Supreme Court of Appeals affirmed termination of Guardian S.D.'s custodial rights to two children
•Guardian allegedly allowed unsupervised contact with biological parents whose rights were terminated in 2019
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State Court
•4 min read
West Virginia Supreme Court

West Virginia Supreme Court Upholds Parental Rights Termination in Domestic Violence Case

The West Virginia Supreme Court of Appeals affirmed a circuit court's decision to terminate a father's parental rights to his two children after repeated domestic violence incidents. The father had appealed, arguing that less restrictive alternatives should have been considered.

•West Virginia Supreme Court affirmed termination of father's parental rights after domestic violence pattern repeated
•Parents initially regained custody in 2023 after completing improvement programs but exposed children to violence again
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State Court
•4 min read
West Virginia Supreme Court

West Virginia Supreme Court Affirms Denial of Home Modifications for Worker

The West Virginia Supreme Court of Appeals affirmed a lower court decision denying workers' compensation coverage for home accessibility modifications, including a walk-in Jacuzzi bathtub and porch repairs, for an injured AAA Paving & Sealing employee. The court upheld the denial due to insufficient medical rationale for the requested accommodations.

•West Virginia Supreme Court affirmed denial of workers' compensation coverage for walk-in bathtub and porch modifications
•Claim administrator, Board of Review, and appeals courts all cited insufficient medical rationale for requested home accommodations
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State Court
•4 min read
West Virginia Supreme Court

West Virginia High Court Reviews Highway Worker's Disability Appeal

The West Virginia Supreme Court of Appeals is reviewing a workers' compensation case involving Brian Lester, a Division of Highways employee, who challenges the denial of temporary total disability benefits and additional compensable conditions. The case centers on whether medical evidence supports continued disability from a workplace injury.

•Brian Lester appeals lower court decisions that closed his temporary total disability benefits and denied additional compensable conditions
•The case centers on whether Dr. Rajesh Patel's medical opinions support adding bilateral S1 radiculitis, thoracic myelopathy, and S1 sprain to the claim
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State Court
•4 min read
West Virginia Supreme Court

WV Supreme Court Upholds Termination of Mother's Parental Rights

The West Virginia Supreme Court of Appeals has affirmed a circuit court's decision to terminate a mother's parental rights to two children and custodial rights to a third child. The mother appealed, arguing she should have received a post-adjudicatory improvement period to address the neglect findings.

•West Virginia Supreme Court affirmed circuit court's termination of parental rights for mother of three children
•Mother had prior 2021 neglect case involving unsafe housing conditions but successfully completed improvement period
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