News

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

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Duff v. Kanawha County Commission Intermediate Court of Appeals of West Virginia No. 22-ICA-10 Decided: December 9, 2022 Examining physicians must examine all relevant information available to them and clearly identify in their reports what they have examined and considered and how they have arrived at their conclusions… read more

In April 2021, the West Virginia Appellate Reorganization Act was enacted with an effective date of July 1, 2022. In addition to creating an intermediate appellate court (the West Virginia Intermediate Court of Appeals) below the West Virginia Supreme Court of Appeals (previously the only appellate court in the state), the statute also reorganized the… read more