News

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

SIGNIFICANT CASE SUMMARY West Virginia Case Summary West Virginia Division of Highways v. Victor Shultz, Jr. Intermediate Court of Appeals of West Virginia No. 23-ICA-244 Decided: November 1, 2023 Counsel fees were not warranted for the overturned denial of compensation where the Employer had a reasonable argument that the injury did not result from the… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Hood v. Lincare Holdings, Inc. Supreme Court of Appeals of West Virginia September 2023 term, No. 21-0754 Decided: November 9, 2023 The factfinder (Board of Review) has discretion to use the increased-risk test when deciding whether an employee sustained a compensable injury while the employee was engaged in… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Lewis v. Columbia W. Va. Corp. West Virginia Intermediate Court of Appeals 2023 W. Va. App. LEXIS 213, 2023 WL 5695908 The Workers’ Compensation Board of Review did not err when it rejected the petitioner’s occupational pneumoconiosis claim because the petitioner failed to demonstrate that he had been… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Thompson v. Western Construction, Inc. Intermediate Court of Appeals of West Virginia No. 23-ICA-26 Decided June 15, 2023 A claimant, despite being terminated, is eligible for a higher compensation rate provided by West Virginia Code §23-4-6(e)(2) because the term “employee” in the statute includes individuals injured while employed,… read more