Case law

Albert West, by Mary Jane West, Administratrix v. West Virginia Consolidated Public Retirement Board

Intermediate Court of Appeals of West Virginia · Jul 1, 2024

Once you receive any benefits under the option you select, you will not be allowed to change your benefit option unless you qualify under the provisions of W. Va. … It was noted that the October and November Form clearly established the finality of such a decision in its preamble, and that West Virginia Code of State Rules § 162-5-16 sets forth that an annuity selection is final and

Melisa Thompson v. Genesis Healthcare Group

Intermediate Court of Appeals of West Virginia · Mar 25, 2024

Walker deferred the impairment determination to a qualified psychiatrist. Dr. Walker drafted a supplemental report dated September 23, 2022. Dr. Walker noted that Ms. … Upon review, we cannot conclude that the Board was clearly wrong in finding that Ms.

Tammy S. Wratchford and Michael W. Wratchford v. Erie Insurance Property & Casualty Company, and Erie Insurance Property & Casualty Company v. Tammy S. Wratchford and Michael W. Wratchford

Intermediate Court of Appeals of West Virginia · Jun 13, 2025

Moreover, we find that evidence in the record clearly establishes that Erie preserved its request to seek a set-off or credit. … Davis’ opinion was 8 This matter was previously heard by the Supreme Court of Appeals of West Virginia (“SCAWV”) on the issue of the qualified immunity of the ASFM and the West Virginia SFMO.

Tracy Brownell v. Greenbrier Veterinary Hospital

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Marvin is in the insurance carrier’s network, or that her situation qualified as an exception that would allow her to access an out-of-network consultation. … The record establishes that Ms.

Samuel J. Cox v. Raleigh County Board of Education

Intermediate Court of Appeals of West Virginia · Apr 10, 2023

Kominsky found that this limitation qualified Mr. … Cox no PPD award, finding that the evidence established that Mr. Cox had no permanent impairment as a result of his compensable injury. The Board reviewed the reports from the IMEs conducted by Dr. Grady, Dr.

Donta Wade v. University Physicians & Surgeons, Inc., Marshall Health Network, Inc., Holly Nauert, D.O., and Lee Van Horn, M.D.

Intermediate Court of Appeals of West Virginia · Apr 29, 2025

Wade failed to comply with the pre-suit notice requirements for medical professional liability cases; and that they were entitled to sovereign immunity. On July 3, 2024, Mr. … Va. 138, 459 S.E.2d 415 (1995), that “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.”

Blackhawk Mining, LLC v. Christian Weis

Intermediate Court of Appeals of West Virginia · Oct 24, 2025

Mukkamala determined that the scars were mildly symptomatic and qualified for a 5% impairment. Thus, Dr. Mukkamala combined these impairment ratings and again concluded that Mr. Weis had a 12% whole person impairment. … Weis established that he had a 15% WPI for the compensable injury.

Christopher Adams v. United Parcel Service, Inc.

Intermediate Court of Appeals of West Virginia · Nov 15, 2022

Adams argues that the Board’s decision is clearly wrong and should be reversed because a preponderance of the evidence establishes that his bilateral CTS is directly related to, and developed in the course of and resulting … Adams qualified his characterization by acknowledging that he is not a doctor.

Union Carbide Corporation, a subsidiary of The Dow Chemical Company v. Christina Dearien (Decedent) and Thomas Dearien (Dependent)

Intermediate Court of Appeals of West Virginia · Jun 4, 2025

Further, Carbide contends that the Board’s final order was clearly wrong in view of the reliable, probative, and substantial evidence on the record. … It cannot be found that one side’s panel of experts is notably more qualified or more credible than the other.

Wade Boyce v. Quinwood Coal Company, LLC, and Christopher Sargent v. Alpha Metallurgical Resources, Inc.

Intermediate Court of Appeals of West Virginia · Oct 1, 2025

While the wording of section 85- 20-52.2 permits credible dust sampling results to be considered as sufficient evidence to defeat liability, this regulation does not serve as an automatic immunity provision for the employer … While the Board was not clearly wrong in admitting and considering evidence regarding the employers’ compliance with MSHA permissible exposure levels, we find error in the Board’s failure to consider all of the evidence

Timothy Robertson v. Brooke County Commission

Intermediate Court of Appeals of West Virginia · Oct 28, 2024

We agree and conclude that the Board was not clearly wrong in its decision. … Robertson’s TTD benefits, to qualify for TTD benefits, a claimant must be unable to return to employment because of a compensable injury.

Mountain Valley Pipeline, LLC v. Martha Ann Zinn, and Mary Beth Naim, Judy Kay Smucker, and Jessica Grim

Intermediate Court of Appeals of West Virginia · Nov 6, 2025

In the complaint, Mountain Valley pled facts to establish this right to use such property for the intended purpose. … Here, the complaint clearly alleges the respondents committed the torts themselves, and not the act of conspiring to commit a tort by another.

Jacob H. v. Siera G.

Intermediate Court of Appeals of West Virginia · Nov 14, 2024

On March 7, 2024, the family court entered its Final Order Establishing Custodial Allocation. … App. 2024) (declining to address the merits of the petitioners’ claims when the respondents were entitled to qualified immunity). I am frequently reminded of this policy and practice by my colleagues.

Putnam County Aging Program, Inc., Fayette County Senior Programs and Summers County Council on Aging v. Panhandle Support Services, Inc.; A Special Touch In Home Care, LLC; Village Caregiving, LLC; Elder Aide Services, LLC, d/b/a Right At Home; and Southern Home Care Services, Inc., d/b/a All Ways Caring HomeCare, and West Virginia Health Care Authority

Intermediate Court of Appeals of West Virginia · Jun 12, 2025

Accordingly, FCSP stated that it qualified as an affected person under the applicable statue. … West Virginia law on the entitlement to a public hearing by affected persons in CON application cases is clearly stated. W. Va.

Allen Bond v. West Virginia Department of Human Services, Bureau for Family Assistance

Intermediate Court of Appeals of West Virginia · Dec 4, 2025

See also Common Chapters Manual (“CCM”) § 710.13(b)(4) (stating that an applicant may request a fair hearing for: “Delay – Any inaction or failure by the Department, in an applicant’s or recipient’s case, to abide by established … Bond could have taken steps to reduce his assets and qualify for Medicaid assistance. The hearing officer noted that the BOR did not have the statutory authority to grant Mr.

David Duff, II v. Kanawha County Commission

Intermediate Court of Appeals of West Virginia · Dec 9, 2022

Whether preexisting degenerative changes of the spine would qualify for an impairment rating using either the Range of Motion Model or West Virginia Code of State Rules Tables 85-20-C, D or E is not … Prior diagnoses or procedures may establish a percentage of impairment according to statute or the AMA Guides.

CRM Workforce Solutions, LLC v. Oscar Cruz Laines

Intermediate Court of Appeals of West Virginia · Dec 27, 2023

Cruz Laines’] own evidence establishes that [he] is not alleging any disability prior to March 23, 2023.” … The Board did not clearly err in authorizing Dr. Stewart’s request for surgery.

Robert Workman v. Raleigh County Solid Waste Authority

Intermediate Court of Appeals of West Virginia · Feb 27, 2024

Workman had 9% WPI given that he almost qualified for the next category. Dr. Guberman also assessed 5% WPI for the right shoulder contusion. Dr. … App. 2022), the Board determined that the medical records established a reasonable basis to apportion some of Mr.

West Virginia Division of Highways v. Larry D. Scott

Intermediate Court of Appeals of West Virginia · Mar 6, 2023

Karam teaches radiation safety, is a published author on the subject of radiation safety, and has previously qualified as an expert on radiation in federal court. Dr. Karam reviewed the exposure data related to Mr. … The OOJ was not clearly wrong in reversing the claim administrator’s denial for compensability.

Brandon Carter v. Seven Rivers Design Build, LLC

Intermediate Court of Appeals of West Virginia · Dec 22, 2025

Upon review, we find that the Board was not clearly wrong in finding that Mr. Carter did not establish that his compensable injury resulted in permanent impairment, except for possible psychiatric impairment. … Carter asserts that the Guides do not require that all ten characteristics under section 4.1b be met in order to qualify for an impairment rating under that section. However, we note that Dr.