Overlap of Workers' Compensation and the WVHRA, ADAAA and FMLA

The Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”) and the West Virginia Workers’ Compensation Act (“WVWCA”) are three of the most significant employment laws that employers face. Frequently, these laws cross paths when an employee suffers from a workplace injury. Because these laws, along with the regulations
implementing them and the case law interpreting them, are complex, and sometimes enigmatic,
they are also three of the most significant sources of employer headaches.

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