• Litigating claims involving breach of fiduciary duties and misappropriation of plan assets
• Defending claims brought by participants and employees for retirement, severance, life, health and disability benefits under both insured plans and self-funded plans
• Litigating claims involving unique and complex issues of preemption of state law
• Litigating claims under ERISA's anti-retaliation provision concerning employees, participants and beneficiaries

For more information about our ERISA & managed care practice, contact:

Eric W. Iskra
304.340.3875
eiskra@spilmanlaw.com

• Identification of proper responsible operators
• Successor liability
• Length of coal mine employment
• Diagnosis of black lung
• Assessment of respiratory disability
• Ability to perform usual coal mine employment or comparable employment
• Identification of noncompensable disabling conditions
• Determinations of dependency
• Material changes in medical condition

• Presenting appellate briefs and arguments before the Benefits Review Board and federal circuit courts
• Representing employers in negotiations involving purchases or sales whose terms include federal black lung liability
• Drafting of contract language that establishes parameters for assuming or discharging black lung liability
• Monitoring legislative and regulatory changes in the federal black lung law

The firm’s Labor and Employment Practice Group, which has been ranked nationally by U.S. News & World Report and received the highest recognition (Band 1) from Chambers USA, consists of more than 25 lawyers and an extraordinary support staff. Whether it is counseling on complex issues, partnering to manage union relations or defending employee claims and lawsuits, we have earned an exemplary reputation throughout the region.

Our lawyers are well-versed in every specific federal, state and local employment law that affects the employment relationship.
 

Your Employment Counselor

Professionals in the group serve as business partners, counselors and zealous advocates for clients of all sizes, from Fortune 10 international companies with numerous offices and tens of thousands of employees to small, family-owned businesses. Through our SuperVision™ services, Spilman lawyers function as an extension of the client’s management team, working together to prevent problems before they occur by providing comprehensive human resources audits, conducting comprehensive employee training programs, drafting and modifying personnel policies and procedures, and helping clients navigate the sometimes choppy waters of employment decisions.
 

Your Labor Management Partner

We are strong in traditional (and not-so-traditional) labor law issues in virtually every industry. We regularly counsel and represent local, regional and national health care, natural resources, service industry, manufacturing and other clients in union organizing campaigns, collective bargaining negotiations, unfair labor practice charges, arbitrations, discharges, strikes, civil litigation, and complex mergers and acquisitions. We closely monitor union trends and initiatives and bring our knowledge and experience to bear upon the unique traditional labor issues facing our clients.
 

Your Trial Lawyer

Even with the best laid plans, litigation sometimes arises, and when it does, our lawyers try cases. We pride ourselves in jury advocacy and results. Our lawyers have developed effective substantive and thematic defenses in single-plaintiff litigation as well as class actions and administrative agency matters. We employ the Early Case Assessment (ECA) model in all of our litigation and trials to provide clients with a comprehensive risk analysis and budget early in every litigation matter. The client is able to make an informed choice very early in the process (before incurring significant legal fees): settle it or try it? This approach is part and parcel of the firm’s emphasis on serving as each client’s business partner and working tirelessly to achieve client-driven and client-defined results.

 

For more information about our labor & employment law practice, contact:

Eric W. Iskra
304.340.3875
eiskra@spilmanlaw.com

Kevin L. Carr
304.340.3877
kcarr@spilmanlaw.com

Occupational Safety & Health

• Consulting with clients regarding compliance with OSHA standards
• Counseling clients on OSHA inspection procedures and assisting in the implementation of inspection response plans
• Assisting clients regarding work-related fatalities and major injuries
• Representing clients in challenging citations, negotiating settlements and administrative proceedings

Mine Safety and Health

• Interpretations of regulatory requirements
• Challenges to significant citations and orders and civil penalty assessments
• Discrimination and safety complaints
• Petitions for Modification
• Investigations of mine accidents and fatalities
• Special investigations and criminal investigations and enforcement

Mark E. Heath
304.340.3843
mheath@spilmanlaw.com

1. By assisting clients and their claims administrators in carefully evaluating claims before deciding to litigate;
2. By recognizing that, in many cases, limiting benefits can be a more practical strategy than eliminating benefits;
3. By notifying clients when it is apparent that success is unlikely and incurring additional legal expense deserves reconsideration.

• Handles litigation and mediation before the Workers' Compensation Board of Review
• Presents appellate briefs and argument before the Intermediate Court of Appeals and the West Virginia Supreme Court of Appeals
• Assists insurance companies and self-insured employers with government relations and regulatory compliance
• Represents employers in administrative hearings concerning rate assessments
• Drafts and monitors legislation before the West Virginia Legislature