Justia West Virginia Supreme Court of Appeals Opinion Summaries

Russell H., a twenty-four-year-old coal miner, died in his sleep from a seizure, leaving behind his mother (Petitioner) and his six-year-old daughter, L.H. Petitioner, on L.H.’s behalf, applied for dependent’s death benefits exactly six months after she received an autopsy report indicating that Russell’s cause of death stemmed from a work-related injury. The Workers’ Compensation Board of Review denied death benefits on the basis that Petitioner failed to file her application within six months after Russell’s death. The Supreme Court reversed, holding (1) the Board erred in finding that Petitioner’s application was time-barred because the first known medical evidence that Russell’s cause of death was work-related was not made available to the family until eight months after the death; and (2) Petitioner was a proper party to file for defendant’s death benefits on L.H.’s behalf. Remanded. View "Sheena H. v. W. Va. Office of Ins. Comm’r" on Justia Law

The Commissioner of the West Virginia Division of Motor Vehicles entered an order that administratively revoked Respondent’s driver’s license for driving a motor vehicle while under the influence of alcohol (DUI). The Office of Administrative Hearings (OAH) reversed the revocation order, concluding that there was insufficient evidence that Respondent was driving while intoxicated and that he was lawfully arrested for DUI. The circuit court affirmed the OAH. The Supreme Court reversed and remanded the matter for reinstatement of the Commissioner’s revocation order, holding (1) there was sufficient evidence to establish probable cause to arrest Respondent for DUI; and (2) the license revocation in this case was proper. View "Reed v. Hill" on Justia Law

A student-athlete was ejected from a high school football game for allegedly committing a flagrant personal foul. Because the West Virginia Secondary School Activities Commission (SSAC) does not allow participation in the game following an ejection, the student-athlete was suspended from playing in the next game. The SSAC refused to review the student-athlete’s administrative appeal, instead invoking its non-review of ejections rule. The student-athlete sought a temporary restraining order and preliminary injunction from the circuit court, arguing that the SSAC’s non-review of ejections rule violated the Legislature's requirement that the SSAC provide a “proper review procedure.” The circuit court enjoined the SSAC from enforcing its penalty against the student-athlete, finding that that the SSAC violated the Legislature’s requirement that the SSAC provide a proper review procedure. The SSAC sought a writ of prohibition to halt enforcement of the circuit court’s order. The Supreme Court denied the requested writ, holding that the SSAC’s non-review of ejections rule violates the Legislature’s requirement that the SSAC provide a proper review procedure. View "State ex rel. W. Va. Secondary Sch. Activities Comm’n v. Circuit Court" on Justia Law

The Lewis County Board of Education (Board) terminated Michael Holden’s employment as a school bus driver due to his physical inability to safely perform his job duties. Holden filed a grievance with the West Virginia Public Employees Grievance Board, alleging, among other things, that the Board’s denial of his request for a leave of absence was improper. The grievance board upheld the Board’s decision on all issues, determining that Holden was properly terminated and that his grievance on the leave of absence issue was not timely filed. The circuit court reversed, concluding that the Board improperly terminated Holden and that Holden timely filed his grievance of the Board’s denial of his request for a leave of absence. The Supreme Court reversed the circuit court’s order and reinstated the grievance board’s decision, holding that the circuit court erred in (1) setting aside the grievance board’s decision, as the Board did not err in terminating Holden based on physical incompetency; and (2) finding that Holden did not timely file his grievance as to the leave of absence issue. View "Lewis County Bd. of Educ. v. Holden" on Justia Law

Petitioner filed a claim for workers’ compensation for her peripheral neuropathy that she developed due to toxic exposure to heavy metals at the workplace. The claim was ruled compensable. Petitioner subsequently began intravenous chelation therapy at her physician’s office, a treatment that was medically necessary to treat Petitioner’s compensable condition. Petitioner sought reimbursement for those medical expenses. An administrative law judge with the Workers’ Compensation Office of Judges concluded that reimbursement was appropriate. The Workers' Compensation Board of Review reversed, concluding that reimbursement for these medical expenses was precluded pursuant to West Virginia Code of State Rules 85-20-62.2, under which a claimant will be denied reimbursement for intravenous chelation therapy performed in an office. The Supreme Court reversed, holding that section 85-20-62.2 unreasonably denies reimbursement when such treatment is medically necessary, in contravention of W. Va. Code 23-4-3, and it is therefore invalid. Remanded for entry of an order directing that Petitioner’s reasonable expenses for medically necessary chelation therapy be reimbursed. View "Moore v. K-Mart Corp." on Justia Law

Petitioner, the Acting Commissioner of the West Virginia Division of Motor Vehicles (Commissioner), revoked Respondent’s driver’s license on the grounds of driving under the influence of alcohol and refusal to submit to a secondary chemical breath test. Respondent timely requested an administrative hearing before the Division of Motor Vehicles (DMV) to challenge the order. Because the arresting officer failed to attend the first day of the hearing, the Commissioner sua sponte scheduled the license revocation matter for a further hearing. Respondent filed a petition for a writ of prohibition and an application for stay in the circuit court seeking to prohibit the DMV from conducting a second day of the hearing. The circuit court granted the petition, concluding that the Commissioner disregarded the procedural law for DMV hearings by scheduling a second hearing when the first hearing “[did] not proceed in a manner that benefits the Commissioner.” The Supreme Court reversed, holding that the Commissioner acted within his legitimate powers by adjourning and continuing the hearing to a later day in order to secure the officer’s testimony, and therefore, the circuit court erred in granting this writ of prohibition. View "Dale v. Sizemore" on Justia Law

Petitioners, individually and in their capacities as representatives of 162 firefighters, filed a petition with the Fireman’s Civil Service Commission for the City of Charleston (the Commission) challenging the City of Charleston’s (City) method of calculating overtime wages. The Commission found that it lacked jurisdiction to hear Petitioners’ claims. Petitioners filed a complaint and petition for writ of mandamus in the circuit court, alleging that the City should not be permitted to unilaterally alter its method of calculating overtime pay and asserting that the Commission should be compelled to assume jurisdiction in the matter. The circuit court dismissed the Commission and granted summary judgment to the City. The Supreme Court affirmed, holding (1) the Commission lacked jurisdiction to hear the underlying matter; and (2) no legal principle prevented the City’s action. View "Boggess v. City of Charleston" on Justia Law

Petitioner, the Commissioner of the West Virginia Division of Motor Vehicles, revoked Respondent’s drivers license for driving under the influence of alcohol. Following an administrative hearing before the Office of Administrative Hearings (OAH), the chief hearing examiner affirmed the Commissioner’s order of revocation. The circuit court reversed the revocation ordered by the OAH, finding as fact that Respondent requested a blood test and was not provided one in violation of her constitutional and statutory rights. The Supreme Court reversed, holding that Respondent did not satisfy her burden of showing that she properly asserted her statutory right to a blood test, and the circuit court’s order, to the extent that it made findings of fact and conclusions to the contrary, was in error. View "Dale v. Painter" on Justia Law

Employee was discharged from employment with Employer for picket line violence. Thereafter, Employee filed a claim for unemployment compensation benefits. A Workforce West Virginia administrative law judge (ALJ) denied unemployment benefits, finding that Employee had been discharged for gross misconduct. The Workforce West Virginia’s Board of Review affirmed. The circuit court reversed and ruled that Employee was entitled to unemployment compensation benefits, concluding that the findings of fact of the ALJ, as adopted by the Board, were clearly wrong. The Supreme Court reversed the circuit court’s final order and remanded to the circuit court with directions to reinstate the Workforce West Virginia decision denying unemployment compensation benefits, holding that the circuit court erred in finding that Employee’s acts did not constitute gross misconduct. Remanded. View "Alcan Rolled Prods. Ravenswood v. McCarthy" on Justia Law

Dawn Hanna worked for the Board of Education of Webster County as a teacher from 1989 until 2012. After fundraiser proceeds went missing, Hanna was informed that she would be charged with felony embezzlement but that she could avoid prosecution by resigning from her position and paying back the missing funds. Pursuant to this discussion, Hanna resigned from her position. Hanna subsequently applied for unemployment benefits. The Board of Review of WorkForce West Virginia concluded that Hanna was disqualified from receiving unemployment compensation benefits because she voluntarily quit her job. The circuit court reversed, finding that Hanna acted under duress and that her decision to resign was not voluntary. The Supreme Court reversed, holding that WorkForce was not clearly wrong when it found that Hanna resigned voluntarily, and therefore, the circuit court erred in reversing WorkForce’s findings. View "Bd. of Educ. of Webster County v. Hanna" on Justia Law