News

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

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

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