815 S.E.2d 503
W. Va.2018Background
- William Moran, a Rhode Island resident and Rosciti Construction employee, died of carbon monoxide poisoning in West Virginia while on a work assignment.
- His widow, Louise Moran, filed dependents’ workers’ compensation claims in Rhode Island and West Virginia; Rhode Island awarded weekly benefits of $765.15 and West Virginia awarded $711.30.
- Moran settled a third-party civil claim; under Rhode Island law that settlement triggered suspension of Rhode Island workers’ compensation benefits because the settlement exceeded compensation paid/owed.
- Because Rhode Island benefits were larger, West Virginia benefits had not been paid (Rhode Island award was credited under W. Va. Code § 23-2-1c(d)).
- After Rhode Island suspended benefits due to the third-party settlement, Moran sought West Virginia payments; the WV claims administrator, OOJ, and BOR denied payment, treating the Rhode Island award (though suspended) as a credit.
- The West Virginia Supreme Court reversed the BOR, holding WV dependents’ benefits are payable while another state’s workers’ compensation award is suspended due to a third-party settlement.
Issues
| Issue | Moran's Argument | Rosciti's Argument | Held |
|---|---|---|---|
| Whether W. Va. Code § 23-2-1c(d) allows crediting/suspending WV dependents’ benefits when another state’s workers’ compensation award for the same injury is suspended due to a third‑party settlement | Section 23-2-1c(d) credits only awards/recoveries from another state that are paid or to be paid; because Rhode Island benefits are suspended (no payments being made or to be made), there is nothing to credit — WV benefits should be paid | The Rhode Island award exists and is merely suspended pending exhaustion of the settlement; therefore WV may be credited under § 23-2-1c(d) and deny payments | Reversed BOR: § 23-2-1c(d) does not apply to third‑party settlements that suspend another state’s compensation; WV dependents’ benefits are payable while the other state’s award is suspended. |
Key Cases Cited
- Bowers v. West Virginia Office of Ins. Comm’r, 224 W. Va. 398, 686 S.E.2d 49 (W. Va. 2009) (Board findings may be reversed when plainly wrong)
- Crawford v. West Virginia Dep’t of Corr.-Work Release, 239 W. Va. 374, 801 S.E.2d 252 (W. Va. 2017) (review of Board legal conclusions is de novo)
- Johnson v. West Virginia Office of Ins. Comm’r, 226 W. Va. 650, 704 S.E.2d 650 (W. Va. 2010) (legal conclusions by Board reviewed de novo)
- Sheena H. ex rel. Russell H. v. Amfire, LLC, 235 W. Va. 132, 772 S.E.2d 317 (W. Va. 2015) (same principle on review standards)
- Huffman v. Goals Coal Co., 223 W. Va. 724, 679 S.E.2d 323 (W. Va. 2009) (court will not supply legislative omissions)
- Bush v. Richardson, 199 W. Va. 374, 484 S.E.2d 490 (W. Va. 1997) (workers’ compensation is statutory; subrogation and offsets are for the legislature to define)