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SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Blackhawk Mining, LLC v. Banks Intermediate Court of Appeals of West Virginia 2025 W. Va. App. LEXIS 24 Decided: Feb. 28, 2025 Decisions of the Board of Review are evaluated under the highly deferential “clearly wrong” and “arbitrary and capricious” standards pursuant to West Virginia Code § 23-5-12a(b)… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summaries Carter v. Humana, Inc. Intermediate Court of Appeals of West Virginia Case No. 2056-23-2 Decided: Dec. 23, 2024 Claim denial is appropriate when a Claimant fails to show she is at an increased risk of injury in her employment as the injury is not causally related to her… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summaries Eloirzazi v. AM Communications Intermediate Court of Appeals of West Virginia No. 24-ICA-110 Decided: October 28, 2024 To expand a compensable injury to include new conditions, a claimant must prove the conditions are causally related to the work injury. To reopen a case for TTD benefits, a claimant… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Logan-Mingo Area Mental Health, Inc. v. David M. Lester Supreme Court of Appeals of West Virginia No. 22-0275 Decided: June 10, 2024 Background The Claimant sustained a prior 1999 lumbar spine and thoracic spine injury. He received a permanent partial disability (PPD) award based on 20% whole person… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary David Duff, II v. Kanawha County Commission Supreme Court of Appeals of West Virginia No. 23-43 Decided: April 22, 2024 Supreme Court addresses employers’ burden in proving “definitely ascertainable impairment” in impairment rating cases. Background This case involved a low back injury, with the Claimant undergoing fusion surgery…. read more