SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Brittany Foster v. Primecare Medical of West Virginia, Inc. Supreme Court of Appeals of West Virginia (SCA) No. 23-726 Decided: May 27, 2025 A claimant need not prove that her occupation is at greater risk than the general population for COVID-19 if she

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

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

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

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

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