9 West Virginia opinions name it 1 courts 1996–2020 0 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Teter v. Old Colony Co.green2 sentences1999Accord Syl. pt. 5, Teter v. Old Colony Co., 190 W.Va. 711 , 441 S.E.2d 728 (1994); Syl. pt. 5, Davis v. Fire Creek Fuel Co., 144 W.Va. 537 , 109 S.E.2d 144 (1959), overruled on other grounds by Yates v. Mancari, 153 W.Va. 350 , 168 S.E.2d 746 (1969). 1999Accord Syl. pt. 5, Teter v. Old Colony Co., 190 W.Va. 711 , 441 S.E.2d 728 (1994); Syl. pt. 5, Davis v. Fire Creek Fuel Co., 144 W.Va. 537 , 109 S.E.2d 144 (1959), overruled on other grounds by Yates v. Mancari, 153 W.Va. 350 , 168 S.E.2d 746 (1969). | 2 | 2 |
Woodall v. International Brotherhood of Electrical Workers, Local 596green2 sentences2001Workers, Local 596, 192 W.Va. 673, 677 , 453 S.E.2d 656, 660 (1994)). 5 . 2001Workers, Local 596, 192 W.Va. 673, 677 , 453 S.E.2d 656, 660 (1994)). 5 . | 1 | 1 |
Atkinson v. County Commission of Wood Countygreen2 sentences2001The first three factors are not essential to the existence of the relationship; the fourth, the power of control, is determinative.”); see also Atkinson v. County Comm’n of Wood County, 200 W.Va. 380, 383 , 489 S.E.2d 762, 765 (1997) ("The pivotal consideration in determin *722 ing whether an individual is an employee of a given entity is whether the purported employer has the power of control over the individual.”) (citing Woodall v. International Bhd. of Elec. 2001The first three factors are not essential to the existence of the relationship; the fourth, the power of control, is determinative.”); see also Atkinson v. County Comm’n of Wood County, 200 W.Va. 380, 383 , 489 S.E.2d 762, 765 (1997) ("The pivotal consideration in determin *722 ing whether an individual is an employee of a given entity is whether the purported employer has the power of control over the individual.”) (citing Woodall v. International Bhd. of Elec. | 1 | 1 |
Central Hudson Gas & Electric Corp. v. Public Service Commissiongreen2 sentences1996See Central Hudson, 447 U.S. at 564 , 100 S.Ct. at 2350 . 1996See Central Hudson, 447 U.S. at 564 , 100 S.Ct. at 2350 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Paxton v. Crabtree
green
2 sentences2004The first three factors are not essential to the existence of the relationship; the fourth, the power of control, is determinative. 184 W.Va. 237 , 400 S.E.2d 245 . 2004The first three factors are not essential to the existence of the relationship; the fourth, the power of control, is determinative. 184 W.Va. 237 , 400 S.E.2d 245 . | 4 | 2004–2020 |
Sanders v. Georgia-Pacific Corp.
green
2 sentences2010In Syllabus Point 1 of Sanders v. Georgia-Pacific Corp., 159 W.Va. 621 , 225 S.E.2d 218 (1976), we specified that if a defendant establishes that it had no right to control a contractor's work, then the contractor is an "independent contractor:" One who would defend against tort liability by contending that the injuries were inflicted by an independent contractor has the burden of establishing that he neither controlled nor had the right to control the work, and if there is a conflict in the evidence and there is sufficient evidence to support a finding of the jury, the determination of whethe 2010In Syllabus Point 1 of Sanders v. Georgia-Pacific Corp., 159 W.Va. 621 , 225 S.E.2d 218 (1976), we specified that if a defendant establishes that it had no right to control a contractor's work, then the contractor is an "independent contractor:" One who would defend against tort liability by contending that the injuries were inflicted by an independent contractor has the burden of establishing that he neither controlled nor had the right to control the work, and if there is a conflict in the evidence and there is sufficient evidence to support a finding of the jury, the determination of whethe | 1 | 2010–2010 |
Myers v. Workmen's Compensation Commissioner
green
2 sentences2004Furthermore, "[t]o ascertain whether a workman is an employee or an independent contractor each case must be resolved on its own facts and ordinarily no one feature of the relationship is controlling, but all must be considered together.' Syl. pt. 1, Myers v. Workmen's Compensation Commissioner, 150 W.Va. 563 , 148 S.E.2d 664 (1966)." Syl. pt. 2, Barkley v. State Workmen's Comp. 2004Furthermore, "[t]o ascertain whether a workman is an employee or an independent contractor each case must be resolved on its own facts and ordinarily no one feature of the relationship is controlling, but all must be considered together.' Syl. pt. 1, Myers v. Workmen's Compensation Commissioner, 150 W.Va. 563 , 148 S.E.2d 664 (1966)." Syl. pt. 2, Barkley v. State Workmen's Comp. | 1 | 2004–2004 |
Davis v. Fire Creek Fuel Company
green
2 sentences1999Accord Syl. pt. 5, Teter v. Old Colony Co., 190 W.Va. 711 , 441 S.E.2d 728 (1994); Syl. pt. 5, Davis v. Fire Creek Fuel Co., 144 W.Va. 537 , 109 S.E.2d 144 (1959), overruled on other grounds by Yates v. Mancari, 153 W.Va. 350 , 168 S.E.2d 746 (1969). 1999Accord Syl. pt. 5, Teter v. Old Colony Co., 190 W.Va. 711 , 441 S.E.2d 728 (1994); Syl. pt. 5, Davis v. Fire Creek Fuel Co., 144 W.Va. 537 , 109 S.E.2d 144 (1959), overruled on other grounds by Yates v. Mancari, 153 W.Va. 350 , 168 S.E.2d 746 (1969). | 1 | 1999–1999 |
Yates v. Mancari
green
1 sentence1999Accord Syl. pt. 5, Teter v. Old Colony Co., 190 W.Va. 711 , 441 S.E.2d 728 (1994); Syl. pt. 5, Davis v. Fire Creek Fuel Co., 144 W.Va. 537 , 109 S.E.2d 144 (1959), overruled on other grounds by Yates v. Mancari, 153 W.Va. 350 , 168 S.E.2d 746 (1969). | 1 | 1999–1999 |
Yates v. Mancari
green
1 sentence1999Accord Syl. pt. 5, Teter v. Old Colony Co., 190 W.Va. 711 , 441 S.E.2d 728 (1994); Syl. pt. 5, Davis v. Fire Creek Fuel Co., 144 W.Va. 537 , 109 S.E.2d 144 (1959), overruled on other grounds by Yates v. Mancari, 153 W.Va. 350 , 168 S.E.2d 746 (1969). | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.