SIGNIFICANT CASE SUMMARY

West Virginia Significant Case Summary

Amanda McCormick v. Orgill, Inc.
No. 25-ICA-446
Intermediate Court of Appeals of West Virginia

Decided: June 2, 2026

Where a claim is closed on a basis nonresponsive to its pleading, the decision violates the substantial rights of the petitioner.

Facts

The Claimant sustained an injury to the right shoulder and biceps. The claim administrator
denied her claim, alleging it did not occur in the course of and resulting from employment.
An MRI of the right shoulder revealed a full-thickness tear of the long biceps tendon with a 5mm scarred stump at the anchor, a degenerative SLAP tear, and mild acromioclavicular arthrosis with mild peripheral undersurface spurring of the acromion. On January 22, 2025, the Board of Review reversed the claim administrator’s order and held the right shoulder sprain and capsulitis compensable. On February 6, 2025, Dr. Garth Wright opined to a closed date of disability from November 11, 2024, to an estimated date of February 12, 2025. The claim administrator closed the claim for temporary total disability for failure to show evidence of continued disability and did not address the alleged closed period of disability. The Board affirmed the claim, noting that there was evidence of disability through February 12, 2025, but no evidence for disability after March 13, 2025.

Holding

The Intermediate Court of Appeals vacated the October 14, 2025 order for clear error in
failing to address the closed period from November 11, 2024, to February 12, 2025, for
which the claimant sought benefits. Thus, where a claim is closed on a basis nonresponsive to its pleading, the decision violates the substantial rights of the petitioner pursuant to West Virginia Code § 23-5-12a(b) (2022).

Takeaway

This case is highly significant where a purported final order fails to address the entire pleading of a claimant. In such cases, all parties to the claim face the risk of costs and delay.

Questions about this case can be directed to Evan Jenkins, at 412-926-1419 or ejenkins@tthlaw.com.