Louise Moran v. Rosciti Construction Co., LLC

Summary

The Supreme Court of Appeals of West Virginia held that West Virginia workers’ compensation dependents’ death benefits remain payable when benefits awarded under another state’s law for the same injury have been suspended because of a third-party settlement. The court reversed and remanded the Workers’ Compensation Board of Review’s decision, concluding that the applicable West Virginia statute did not require a credit for suspended out-of-state benefits.

Holdings

1. When reviewing a decision of the West Virginia Workers’ Compensation Board of Review, the Court gives deference to the Board’s findings of fact and reviews its legal conclusions de novo. The Board’s decision may be reversed or modified if it clearly violates a constitutional or statutory provision, clearly results from erroneous conclusions of law, or is based on material findings of fact that are clearly wrong.
2. An award of dependents’ death benefits under West Virginia workers’ compensation law is payable, notwithstanding W. Va. Code § 23-2-1c(d), while benefits awarded under another state’s workers’ compensation laws for the same injury are suspended because of a third-party settlement.

Questions Presented

1. Whether West Virginia Code § 23-2-1c(d) requires West Virginia dependents’ death benefits to remain offset when workers’ compensation benefits awarded by another state have been suspended because of a third-party settlement.
2. What standard of review applies to decisions of the West Virginia Workers’ Compensation Board of Review.

Disposition

reversed_and_remanded