Michael A. Hicks v. Oilfield Trucking Solutions

Summary

The West Virginia Supreme Court of Appeals reviewed the denial of Michael A. Hicks's request to reopen his workers’ compensation claim for temporary total disability benefits. The court held that the Board of Review's decision required remand for further analysis under West Virginia Code of State Rules § 85-1-5.2, particularly in light of evidence that Hicks returned to work and had a current employer. The decision was reversed and remanded in a memorandum decision.

Holdings

1. The Board of Review’s decision could not stand because the Office of Judges did not fully analyze the impact of West Virginia Code of State Rules § 85-1-5.2 on Hicks’s eligibility for temporary total disability benefits, including his return to work and current employer.

Questions Presented

1. Whether the denial of Hicks’s request to reopen his claim for temporary total disability benefits was proper under West Virginia Code of State Rules § 85-1-5.2.
2. Whether the Office of Judges and Board of Review adequately considered Hicks’s return to work and the existence of a current employer when determining whether the retirement-disqualification rule applied.

Disposition

reversed_and_remanded