Case law

West Virginia Department of Corrections v. Mike Tencer

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

Tencer now had limited range of motion related to these procedures, qualifying him for a permanent impairment rating. 3 error in her prior calculation and stated that Mr. … WVDOC does not adequately establish any error in this regard. Likewise, to the extent WVDOC argues that Dr.

YMCA of Parkersburg v. West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia · Jul 28, 2023

According to the BOR, testimony at the hearing established that L.G. was permitted to return to the Williamstown After School program on February 28, 2022. … Clearly Wrong, Contrary to the Weight of the Evidence, Arbitrary, and Capricious As to its first assignment of error, YMCA asserts that the BOR’s decision was clearly wrong, against the weight of the evidence

Steve Blevins and Bruce Lariviere v. Buckeye Adventures, LLC

Intermediate Court of Appeals of West Virginia · Feb 28, 2025

“To qualify as intentional under nuisance law, conduct must be of the type which the actor knows or should know that the conduct is causing a substantial and unreasonable interference.” Id. … Therefore, we cannot conclude that the circuit court’s ultimate disposition is an abuse of discretion or that its factual findings are clearly erroneous.

David Leonard v. Wells Fargo

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

applying this Rule, the circuit court determined that while writs of scire facias are not expressly mentioned in the West Virginia Rules of Civil Procedure, the writs are codified within the West Virginia Code and, thus, qualify … Feb. 27, 2024) (memorandum decision) (“It is well established that, ‘[a] skeletal “argument,” really nothing more than an assertion, does not preserve a claim[.]’ ” ) (quoting State v. Lambert, 236 W.

Rebecca Swisher v. Braxton County Memorial Hospital, Inc.

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

There is a clearly established public policy in West Virginia regarding ensuring a level of quality when treating patients to not only protect the safety of the patients but the nurses as well. 17. … Swisher’s contention is that the assault of a health care worker by a third party qualifies as a wrongdoing under the statute.

Joseph Craig Dorsey v. Blackhawk Mining, LLC, and John Adkins v. Marfork Coal Company, LLC

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

As established by West Virginia Code § 23-4-8c12 and acknowledged by Mr. Adkins and Mr. … Adkins’ argument fails because employers covered by workers’ compensation insurance are immunized from liability for statutory or common law damages.

Amanda Goff, Robert H. Carlton, individually and d/b/a Robert H. Carlton Law Office, and Homestead Realty Incorporated v. James Smith, former Sheriff of Mingo County

Intermediate Court of Appeals of West Virginia · Sep 4, 2024

The State Respondents filed motions to dismiss both Kanawha County actions and the Mingo County action, pursuant to the doctrine of qualified immunity and under Rule 12(b)(6) for failure to state a claim upon which relief … Our Supreme Court “has established as a basic policy that cases should be decided on their merits, and that, therefore, default judgments are not favored.” Hinerman v. Levin, 172 W.

CONSOL of Kentucky, Inc. v. Terry M. Bentley

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

In order to qualify for permanent total disability benefits, a claimant must be “unable to engage in substantial gainful activity requiring skills or abilities which can be acquired or which are comparable to those of any … Due to the lack of specificity in West Virginia Code § 23-4-6(j) regarding the operation of post-PTDRB reviewing bodies, we look to well-established canons of construction.

Marilyn McKinney v. Little General Store, Inc.

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

McKinney asserts that the record establishes that the conditions were more likely than not a result of the injury as evidenced by the fact she could perform her job duties until the injury occurred, whereupon she had immediate … McKinney asserts should be added to the claim are preexisting conditions that were merely aggravated by the compensable injury and do not qualify as discrete new injuries.

Amy R. Rhoe v. West Virginia Department of Health and Human Resources, Bureau for Social Services

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

Rhoe argues that she is disabled, the record is unclear as to whether she is disabled for the purposes of the recertification period, nor does it seem to be relevant to that issue since she qualifies for the extended period … Rhoe has failed to adequately establish that she was entitled to an accommodation to this requirement. We find no clear error in the Board’s order and give deference to its findings. See Syl.

Blackhawk Mining, LLC v. Brandon Gilfilen

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

Guberman acknowledged that the imaging studies of the cervical spine revealed degenerative changes, he contended that such would not qualify for an impairment 3 We note that Blackhawk Mining’s brief mentions … Guberman’s explanation for not apportioning was reliable and established that Mr. Gilfilen had 15% impairment related to the compensable injury. Blackhawk Mining now appeals.

Chet Burgess and Kimberly Burgess v. West Virginia Consolidated Public Retirement Board

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

A Qualified Domestic Relations Order (“QDRO”) was entered by the family court on June 25, 2004. By separate letters dated October 6, 2004, the Board informed petitioners that the QDRO had been received. … As previously established, the Board adopted the hearing officer’s recommended decision as its order in this case.

Amanda P. Jones v. United States Postal Service and WorkForce West Virginia

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

Jones’ request for reasonable accommodations by stating that she was “not a qualified individual with a disability within the meaning of the Rehabilitation Act” and could not “be accommodated to perform the essential functions … Findings of fact by the administrative officer are accorded deference, unless the reviewing court believes the findings to be clearly wrong. See Straub v. Reed, 239 W. Va. 844, 806 S.E.2d 768 (2017).

Nick Bajada and Erin Bajada v. Crystal Lake Property Owners' Association, Inc.

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

Established on May 2, 1983, Crystal Lake is a nonprofit corporation which operates as the homeowners’ association of the Valley View subdivision. … The record establishes that the subdivision’s plats clearly set forth that the Recreation Area is jointly owned community property with the subdivision deeds including a non-exclusive right of access to that area.

Josette F. v. Jaret O. and Jennifer O.

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

“Where 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.” Syl. Pt. 1, Chrystal R.M. v. Charlie A.L., 194 W. … To determine whether a state qualifies as a child's home state for purposes of determining initial jurisdiction under the UCCJEA, the court must analyze whether any state qualified as the child's home state at any time within

West Virginia HCR Manorcare Facilities, Inc. v. West Virginia Department of Health and Human Resources, Bureau for Medical Services

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

Gibbs is a CPA who was qualified as an expert regarding Medicare and Medicaid reimbursement for healthcare facilities in West Virginia. Mr. … Ellis’ testimony reflected that the CAP established by BMS during the previous rate-setting period should have established a floor for the CAP during the relevant period at issue in this case.

Superior Home Specialists v. Michael Sindledecker

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Sindledecker qualified for 10% WPI under a Class 2 skin disorder, which allows a range of 10-24% WPI. … Sindledecker established that he was entitled to a 37% PPD award for the compensable injury.

Superior Home Specialists v. Michael Sindledecker

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Sindledecker qualified for 10% WPI under a Class 2 skin disorder, which allows a range of 10-24% WPI. … Sindledecker established that he was entitled to a 37% PPD award for the compensable injury.

Airgas Mid America v. Joshua Lowe

Intermediate Court of Appeals of West Virginia · Feb 27, 2026

Airgas argues that the Board’s decision is clearly wrong because the video of the incident and the opinion of the only expert of record establish that Mr. Lowe intentionally faked tripping and threw himself into a wall. … Upon review, we conclude that Airgas has not established that the Board’s decision is clearly wrong.

Jud T. Seech v. Frontier Kemper Constructors, Inc.

Intermediate Court of Appeals of West Virginia · Jun 2, 2026

Seech notes that regardless of whether his hourly wage was $24 per hour or, as he testified, $25 per hour, had the per diem amount been included in the calculation, he would have qualified for the maximum TTD rate. Mr. … Seech did not indicate what he believed the correct TTD benefit rate should be and said that the evidence he submitted did not establish an incorrect benefit rate for his TTD payment.