Carol Marunich practices in the area of Mine Safety and Health where she successfully tried the first pattern of violation case in the United States for an underground coal operation. She also successfully defended the first case in the State of West Virginia for an alleged failure to report a mine accident within fifteen minutes to the West Virginia Office of Miners' Health Safety and Training and was successful in getting a citation against a surface operation vacated involving a fatality of a dozer operator hitting an underground gas line.
As a respected litigator in West Virginia, Carol actively represents coal mine operators before federal and state administrative agencies, federal courts, and state courts. She also provides analysis of citations and orders issued to coal operators relating to their citation history for analysis of pattern of violation or flagrant assessments. She has experience with accident investigation, preparation and hearings before the Coal Mine Office of Health and Safety Board of Appeals; Defense of Section 110(c) special investigation cases and the defense of civil deliberate intent cases.
Carol has experience in counseling/defending OSHA investigations relating to industrial issues. Her experience ranges from on-site investigation to defense of accidents involving multiple fatalities. Her OSHA experience, combined with her litigation background, has allowed her to advise companies on work forward plans that effectively assist in all phases of litigation, government investigations and that arise out of OSHA citations/investigations and compliance issues.
To stay abreast of current industry safety issues, Carol also audited a mining engineering class at West Virginia University on "general mining practices."
Memberships & Affiliations
· West Virginia Coal Association
· Energy and Mineral Law Foundation
· West Virginia State Bar
· Defense Trial Counsel of West Virginia
· Defense Research Institute
· Marion County Bar Association
· Monongalia County Bar Association
· Fairmont General Hospital Foundation, Board of Directors
· Federal District Court System, Volunteer Mediator
Distinctions
· Peer Review Rated BV in Martindale-Hubbell
Experience
Rockhouse Energy Mining Company vs. Secretary of Labor, Mine Safety and Health Administration
Rockhouse Energy Mining Company
Expeditious hearing to prevent Potential Pattern of Violation being issued to coal operator
Rowan v. Davis Memorial Hospital
Davis Memorial Hospital
Defense verdict for claim involving rural hospital alleging medical malpractice and wrongful death
McFann v. Fairmont General Hospital
Fairmont General Hospital, Inc.
Defense verdict for medical malpractice claim involving fetal death
Coal Operator / West Virginia Office of Miners' Health and Safety Training
Coal Operator
Defense of alleged failure to timely report accident pursuant to West Virginia Code Section 22A-2-66 for water inundation resulting in significant reduction in penalty; West Virginia Supreme Court of Appeals refused to hear operator's petition seeking reversal of Circuit Court's ruling re-instating penalty.
Secretary of Labor v. Kingwood Mining Company, LLC
Kingwood Mining Company, LLC
Reduction of 104(d)(2) Order under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815 alleging a violation of 30 C.F.R. 75.1722 (mechanical equipment guards)
Secretary of Labor, Mine Safety and Health Administration vs. Rockhouse Energy Mining Company
Rockhouse Energy Mining Company
Decision related to Safeguards issued as S&S
Stewart v. Vasan
Srini Vasan, M.D.
Defense verdict for medical malpractice claim for alleged complications following radiation treatment for cervical cancer
Secretary of Labor v. Process Energy
Process Energy
Reduction to Non S/S for 104(a) S&S Citation Number 6655616 under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815
Secretary of Labor v. Solid Energy Mining Company
Solid Energy Mining Company
Reduction to Non S/S for 104(a) S&S Citation Numbers 6645303 and 6645306 under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815
Cottrill v. Kassis
Joseph Kassis, M.D.
Defense of suit for medical malpractice involving complications during removal of kidney stone
Curry v. Hess
David Hess, M.D.
Defense verdict for medical malpractice claim involving alleged addiction to OxyContin
Abrogast v. Galang
Dr. Galang
Defense verdict for medical malpractice claim involving Reflex Sympathy Disorder from venipuncture
Boso v. Huber
Stan Huber, M.D.
Defense of suit for medical malpractice involving spinal cord injury
Coal Operator / West Virginia Office of Miner's Health and Safety Training
Coal Operator
Defense of alleged failure to timely report accident pursuant to West Virginia Code Section 22A-2-66 resulting in dismissal of violation
Hawkins v. Bosley
James Bosley, M.D.
Defense verdict for medical malpractice claim for alleged failure to diagnose and treat gallbladder disease
McDaniel v. Mulpuru
Sree Mulpuru, M.D.
Defense verdict for medical malpractice claim involving infant death resulting from hypoplastic left heart syndrome
Earnhart v. Bowers
T. K. Bowers, Jr., M.D.
Defense verdict for medical malpractice claim involving post-surgical infection following hernia surgery
Harrison v. D'Amato
Kenneth D'Amato, DO
Defense verdict for alleged medical malpractice claim for nerve injury following carpal tunnel surgery
Publications
May 1, 2007, Malpractice Issues for Radiologic Technologist