Task Training and Deliberate Intent

By: Jordan K. Herrick

Those unfamiliar with West Virginia law may not realize that an injured employee can in fact have a cause of action against the employer and that the employee is not limited to recourse through the Workers’ Compensation system.  Injured employees have a cause of action codified in West Virginia Code § 23-4-2(d)(2)(ii)(A)-(E) against their employer to collect above and beyond that which the employee recovered through the Workers’ Compensation claim.  In order to prevail under this code section, also commonly referred to as “deliberate intent”, an employee must prove all five elements (A) through (E) by a preponderance of the evidence.  Generally speaking, an employee must prove that a specific unsafe working condition existed, which violated state or federal statute/regulation or industry standard; that the employer knew of the specific unsafe working condition; and, despite having knowledge of the specific unsafe working condition, the employer nonetheless exposed the employee to the condition and as a proximate result of the specific unsafe working condition, the employee suffered a compensable injury.

Register Now for the Construction Defect Disputes & Litigation Seminar

Bailey & Wyant Managing Member, Charles R. Bailey is leading one of five sections at the Construction Defect Disputes & Litigation: Using Coverage, Case Law, and Indemnification to Shift Liability seminar Monday, December 8, at the Holiday Inn Express Civic Center.

Mr. Bailey will be teaching the Insurance: Covered vs. Uncovered portion of the seminar.

Four Bailey & Wyant Attorneys Listed in the West Virginia Edition of Super Lawyers

Bailey & Wyant, PLLC is pleased to announce that Charles R. Bailey, David L. Wyant, Thomas E. Buck and H. F. Salsbery were selected for inclusion in the 2014 edition of the West Virginia Super Lawyers publication.

Super Lawyers recognizes attorneys who have maintained a high-degree of peer recognition and professional achievement within the state of West Virginia. Before a lawyer is listed in Super Lawyers, they first go through a four step selection process which includes peer nominations, independent research, and evaluations before the finalization stage.

Registration for the "What You Need to Know About Public Records" Seminar Now Open

Bailey & Wyant Attorney, Jordan K. Herrick is one of four attorneys leading seminars at the What You Need to Know About Public Records series. Mr. Herrick is leading the Open Governmental Proceedings portion of the event. The seminars will take place Tuesday, Dec. 2. For more information and/or to register with a 50 percent discount, please click on the link below. Click Here For More Information

Bailey & Wyant Sponsors Little League Softball Team

Bailey & Wyant, PLLC., sponsored the Hurricane Little League Girls Fast Pitch Softball Team in the West Virginia Little League 2014 District 3 All-Star Tournament.

The tournament was from June 21-23, featuring teams from St. Albans, Elkview, Boone County, Winfield, and Nitro.

The Hurricane team had nine players. This was the girls first time in a district championship all-star tournament.

Suleiman Oko-ogua named as one of Lawyers of Color’s Hot List Honorees

Bailey & Wyant, PLLC is pleased to announce that Suleiman Oko-ogua has been named to Lawyers of Color’s Second Annual Hot List. The list recognizes early- to mid-career attorneys excelling in the legal profession.

Oko-ogua was honored at a receptions for the Mid-Atlantic Region along with 99 other honorees July 22 at Foley & Lardner’s Washington, DC office, according to the Lawyers of Color website.

Inmate Files Suit Then Escapes Custody of the West Virginia Department of Corrections

On December 20, 2013, John P. Fuller and Suleiman Oko-ogua obtain a ruling from the Circuit Court of Kanawha County, West Virginia dismissing Plaintiff’s Complaint pursuant to Rule 41(b) of the West Virginia Rules of Civil Procedure in Williams v. Chandler.