Justia West Virginia Supreme Court of Appeals Opinion Summaries

Appellants William and Denise Huggins filed a lawsuit against appellees sewer board, city, and mayor, alleging that a violation of the Workers' Compensation Act had occurred when Huggins' health insurance was terminated while he was off of work recovering from a compensable work-related injury, and, further, that he had been wrongfully terminated. The appellees filed a motion for summary judgment with the lower court, alleging that the plaintiffs had no basis in law for their complaint. The circuit court granted the motion, and the appellants appealed. At issue was whether Huggins was terminated while off work and receiving temporary total disability benefits due to his compensable injury, or, instead, whether Huggins resigned from employment. The Supreme Court reversed and remanded, holding that appellees terminated Huggins in violation of the anti-discrimination policies set forth in the Act. However, the circuit court's determination that Huggins was not entitled to punitive damages against the mayor was affirmed. View "Huggins, et al. v. City of Westover Sanitary Sewer Board" on Justia Law

Jonathan Darby, who was employed by Kanawha County Board of Education (BOE) as a school bus driver, was terminated when the BOE concluded that Darby had violated the BOE's sexual harassment policy. Darby appealed his termination. After considering the evidence, the West Virginia Public Employees Grievance Board hearing examiner ordered the BOE to reinstate Darby to his previous position. The BOE appealed. The circuit court reversed, determining that the hearing examiner held the BOE to the wrong burden of proof. Darby appealed. The Supreme Court reversed, holding (1) the hearing examiner used the proper burden of proof in weighing the evidence; and (2) the circuit court improperly exceeded its scope of review, failed to give proper deference to the hearing examiner's factual findings, and wrongly substituted its own judgment on the credibility of the witnesses for that of the hearing officer. View "Darby v. Kanawha County Board of Education" on Justia Law