Case law

Morgantown Mall Associates, LP v. Mark A. Musick, in his official capacity as Assessor of Monongalia County, West Virginia

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

Knight further testified that these partial sales would not qualify as an arm’s-length transaction, and therefore, were not valid comparable sales. In addition, Mr. … Our law demands that assessments made by county tax assessors are presumed correct, and we conclude that MMA did not meet its burden to establish, by a preponderance of the evidence, that the property tax assessment for tax

Wastezero, Inc. v. Foodmasters, LLC d/b/a Kanawha City Piggly Wiggly

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

Through the voucher program, the City provided certain qualifying residents with vouchers that could be redeemed at participating retailers (such as Foodmasters) for 32-gallon trash bags or recycling bags. … By obtaining this admission, Foodmasters established it is entitled to a judgment on its counterclaim. See W. Va. R. Civ.

Linda M. Jenkins v. West Virginia Department of Health and Human Resources

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

However, only deliberate, clear[,] and unequivocal statements of fact qualify as judicial admissions. Wheeling-Pittsburgh Steel Corp. v. Rowing, 205 W. … Jenkins fails to set forth authority or precedent to establish how this distinction should have resulted in a different conclusion by the Grievance Board.

Richard Heath v. Alliance Coal, LLC

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

on February 28, 2020, and that the OOJ had subsequently reinstated those benefits and ordered that they be paid from the date of the last payment (February 19, 2020) and to continue until good cause to terminate had been established … Heath further testified that he qualified to be a FEMA inspector but was unable to perform the inspections due to his injury. Mr.

Lisa R. Daniels v. DAL Global Services, LLC

Intermediate Court of Appeals of West Virginia · Jun 5, 2024

To establish the prima facie case for a retaliation claim, Ms. … Instead, she argued that her job wasn’t automatically qualified as “safety sensitive” by the FAA.

Minnie Hamilton Health Care Center, Inc., d/b/a Minnie Hamilton Health System v. Hospital Development Co., d/b/a Roane General Hospital and West Virginia Health Care Authority

Intermediate Court of Appeals of West Virginia · Mar 9, 2023

Further, the factfinding determinations of an agency are entitled to deference unless clearly wrong. … Different types of health services have different criteria that must be met, per the State Health Plan Standards, to qualify for a CON. See W. Va. Code § 16-2D-12(g).

Jerry Stover v. ANR, Inc.

Intermediate Court of Appeals of West Virginia · Feb 15, 2023

Stover argues that the Board’s disregard of this medical evidence was clearly wrong. In contrast, ANR contends that Dr. Guberman’s report and the treating physician’s documentation fail to establish that Mr. … Stover did not establish that he sustained an aggravation or progression of his compensable injury.

Dan Stalnaker v. West Virginia University

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Martin stated that PTSD should only be diagnosed by a qualified psychiatrist, and that nocturnal hypoxia is an objective finding and not a disease. Dr. … Further, we conclude that the Board was not clearly wrong in finding that Mr. Stalnaker did not establish that the V/Q scan is medically related and reasonably required medical treatment for the compensable condition.

St. Joseph's Hospital of Buckhannon, Inc. d/b/a St. Joseph's Hospital v. Stonewall Jackson Memorial Hospital Company and West Virginia Health Care Authority

Intermediate Court of Appeals of West Virginia · May 23, 2024

Therefore, we must determine whether the language at issue here clearly decides whether Stonewall’s proposed relocation is a “construction, development, acquisition, or other establishment of a health care facility” or … We cannot say that § 16-2D-8(a)(1) clearly and unequivocally describes a relocation, because in such a plan the subject’s existence does not end so that it might be established, it merely moves from one location to another

John R. Orphanos, M.D. v. Michael Rodgers

Intermediate Court of Appeals of West Virginia · Jun 13, 2024

“Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its rulings on that point will not ordinarily be disturbed unless it clearly appears that its discretion … Rodgers established that Dr.

Hisel Bailey v. Michelle Woomer, Teri Stone, and Legal Aid of West Virginia, Inc.

Intermediate Court of Appeals of West Virginia · Apr 1, 2026

Lyle on qualified immunity grounds. See State ex rel. W. Va. Attorney General, Medicaid Fraud Control Unit v. Ballard, 249 W. Va. 304, 895 S.E.2d 159 (2023). … Bailey failed to establish a prima facie malicious prosecution claim, the circuit court declined to reach respondents’ various immunity defenses. 7 Mr.

Lindy & Fred Seco General Revokable Trust v. Ronald Keller

Intermediate Court of Appeals of West Virginia · Feb 2, 2023

Keller’s exposure to benzene would qualify as overexposure to the substance. However, he opined that Mr. Keller’s diagnosis was of unknown etiology. According to Dr. Martin, Mr. … The Board was not clearly wrong when it determined that Mr. Keller established that he was occupationally exposed to benzene while employed by CCRR and that his exposure was sufficient to cause the development of MDS.

PrimeCare Medical of WV, Inc. v. Brittany Foster

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

Foster’s continuing pulmonary problems to asthma and tachycardia, which were well established in her medical records and pre-dated her COVID- 19 diagnosis. … June 13, 2022). 6  remedy for such injury, disease, or death and the immunity from suit provided under § 23-2-6 and § 23-2-6a of this code shall be and remain in

Robin Hammer v. West Virginia Department of Human Services, Bureau for Family Assistance

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

Hammer’s income as zero for purposes of his SNAP benefit calculation. 4 West Virginia Income Maintenance Manual Chapter 9.3.1 provides that for qualifying adverse actions, the Department is required to give … Marsh established that because Mr.

Bradley Bowe v. Melissa Bowe

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

STANDARD OF REVIEW “In reviewing . . . a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly erroneous standard, and the application … Although this scenario is different than equitable distribution, the immunity stems from the same source, § 5301, so the taxation analysis is instructive to equitable distribution.

Randal W. Valentine v. Howard Concrete Pumping Co., Inc.

Intermediate Court of Appeals of West Virginia · Feb 15, 2023

Furthermore, the recommended percentage of impairment based on the 2020 audiogram was completed by an audiologist, whereas West Virginia Code of State Rules § 85-20-47.1 (2006) provides that only physicians who are qualified … Consequently, the OOJ found that the evidentiary record did not establish that Mr. decibel levels of the loader, the pumping machine, and the vibrators on the fly ash bins as Mr.

Raleigh General Hospital, LLC v. Appalachian Regional Healthcare Inc. d/b/a Beckley ARH Hospital

Intermediate Court of Appeals of West Virginia · Feb 8, 2024

In support, RGH highlights that: (1) in the proceedings below, BARH expected to bill the ETCC services as an outpatient procedure, (2) below, BARH did not establish that ETCC services would require an overnight stay, and … Further, BARH asserts that any characterization of ETCC services as an “outpatient” procedure was exclusively for billing purposes and that those statements are irrelevant to determining whether ETCC services qualify as “

Jana Brooke O'Dell v. Scott A. Adkins, in his capacity as Acting Commissioner of WorkForce West Virginia, and WorkForce West Virginia Board of Review

Intermediate Court of Appeals of West Virginia · Jun 11, 2025

The record clearly establishes that the struggles Ms. O’Dell encountered in trying to obtain work from Poll Makers would have been present regardless of the COVID-19 pandemic. In addition, Ms. … Thus, the CARES Act is clearly a remedial statute.

Marsha Skinner v. ACNR Resources, Inc.

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

Skinner’s March 17, 2021, MRI showed moderate tri-compartmental chondral loss, which was a degenerative condition, and opined that there were no reliable and credible findings for her to qualify for an impairment rating. … Moreover, there is no evidence in the appendix record to establish that Ms.

Rebecca Williamson v. West Virginia Board of Registered Nurses

Intermediate Court of Appeals of West Virginia · Apr 22, 2024

Namely, it was determined that Nurse Williamson had “failed to adhere to established standards in the practice setting to safeguard patient care[.]” W. Va. … . § 19-3-12.1.b; “practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities that the licensee knows or has reason to know that he or she is not licensed, qualified