News
June 19, 2024
eNotes: Workers’ Compensation – June 2024 – West Virginia
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
May 16, 2024
eNotes: Workers’ Compensation – May 2024 – West Virginia
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
April 19, 2024
eNotes: Workers’ Compensation – April 2024 – West Virginia
SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Tennant v. ACNR Resources, Inc. No. 23-ICA-407 Intermediate Court of Appeals of West Virginia Decided: March 25, 2024 If an employer can show that the claimant sustained a prior injury and/or was symptomatic for the alleged work-related condition prior to an alleged work injury and the fact finder… read more
March 21, 2024
eNotes: Workers’ Compensation – March 2024 – West Virginia
West Virginia Case Summary Patton Bldg. Servs., Inc. v. Kaida State of West Virginia Supreme Court of Appeals No. 22-0177, 2024 W. Va. LEXIS 98 Decided February 26, 2024 There must be an actual medical diagnosis for a claim to be found compensable, not simply a description of symptoms. Background The Claimant, a janitor, filed… read more
January 25, 2024
eNotes: Workers’ Compensation – January 2024 – West Virginia
SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Frank R. Workman v. C.J. Hughes Intermediate Court of Appeals of West Virginia No. 23-ICA-261 Decided: December 27, 2023 Even if an employer has a strong case on the substantive merits, that case can be sabotaged by the employer’s failure to issue timely and appropriate orders relative to… read more