Cassella v. Mylan Pharms. (Signed Opinion)
Annotate this CasePetitioner prevailed in a workers’ compensation claim before the Supreme Court in which she sought medical benefits. Petitioner subsequently filed a petition seeking attorney fees and costs. At issue before the Supreme Court was the application of W. Va. Code 23-5-16(c), which provides a financial incentive for lawyers to represent workers’ compensation claimants seeking medical benefits. The Supreme Court granted the petition, holding (1) section 23-5-16(c) does not apply retroactively; but (2) the application of section 23-5-16(c) to Petitioner’s request for attorney fees and costs is not a retroactive application of the statute. Remanded.
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