Justia Labor & Employment Law Opinion Summaries

The Supreme Court reversed the order of the circuit court affirming the decision of the West Virginia Public Employees Grievance Board granting the grievance brought by Respondent, a school bus driver, reinstating her to a modified bus run and an extracurricular bus run and awarding her back pay, holding that the circuit court erred in affirming the decision of the grievance board.Respondent, a bus driver hired to transport elementary and high school students on the same bus run at the same time, made a modified regular run and vocational run for thirty years. In 2017, Petitioner, the Board of Education of the County of Wyoming, changed Respondent's employment back to the arrangement originally contracted for. Respondent filed a grievance, which the grievance board granted, finding that Petitioner's action in restoring Respondent's regular bus run to its original parameters was unreasonable, arbitrary, and capricious. The circuit court affirmed. The Supreme Court reversed, holding that the grievance board and circuit court were clearly wrong in their determinations and that the circuit court should have found that Respondent did not meet her burden of proof. View "Bd. of Education of County of Wyoming v. Dawson" on Justia Law

The Supreme Court granted in part and denied in part a writ requested by Petitioners prohibiting the Honorable David H. Wilmoth, Judge of the Circuit Court of Randolph County, from enforcing its order denying Petitioners' motion to dismiss certain claims set forth in the underlying wrongful termination complaint, holding that some of Respondents' claims should have been dismissed.On appeal, Respondents argued that Petitioners failed to exhaust their administrative remedies through the state public employees grievance procedure, W. Va. Code 6C-2-1 to -8, and that other claims were subject to dismissal for failure to state a claim upon which relief can be granted. The Supreme Court granted the requested writ in part, holding (1) the circuit court erred in denying Respondents' motion to dismiss certain claims; and (2) the remaining claims were not barred by the exhaustion rule and were sufficiently pled to go forward. View "State ex rel. Devono v. Honorable Wilmoth" on Justia Law

The Supreme Court reversed the order of the circuit court granting summary judgment in favor of Employer in this action brought by Employee for wrongful discharge under the West Virginia Business Liability Protection Act and wrongful discharge under Harless v. First National Bank in Fairmont, 246 S.E.2d 270 (W. Va. 1978), holding that questions of material fact remained precluding summary judgment.In granting summary judgment for Employer the circuit court concluded that Employer did not violate the Act and that Employee's Harless claim lacked any basis. The Supreme Court reversed, holding that the circuit court erred in concluding that W. Va. Code 61-7-14(d)(1) and 61-7-14(d)(3) conflict with one another and that material issues of fact remained on this issue, requiring remand for further proceedings. View "Ransom v. Guardian Rehabilitation Services, Inc." on Justia Law

The Supreme Court affirmed the order of the Board of Review (BOR) affirming the finding of the Office of Judges (OOJ) that Respondent's claim for occupational pneumoconiosis benefits against Petitioner was timely, holding that Petitioner was not entitled to relief on its allegations of error.The claims representative for Petitioner's worker's compensation insurance carrier found that Respondent's claim for benefits was filed outside of the pertinent three-year statute of limitations and therefore denied it. The OOJ reversed, ruling that Respondent was not time-barred from filing his claim. Thereafter, the Occupational Pneumoconiosis Board found that Respondent had a ten-percent impairment. The BOR affirmed on the timeliness issue. The Supreme Court affirmed, holding that the BOR did not clearly err in finding that Respondent filed his occupational pneumoconiosis claim within the three-year limitations period. View "Argus Energy, LLC v. Marenko" on Justia Law

The Supreme Court affirmed the order of the circuit court dismissing Petitioner's complaint stemming from the suspension of his hospital clinical privileges and medical staff membership under W. Va. R. Civ. P. 12(b)(1) and 12(b)(6), holding that the circuit court did not err.Petitioner, a self-employed physician, held clinical privileges and medical staff membership with Herbert J. Thomas Memorial Hospital Association and Thomas Health System, Inc. (collectively, Thomas Hospital) until they were suspended in 2019. Petitioner brought this action raising claims related to the suspension. The suspension, however, occurred before Thomas Hospital's Chapter 11 bankruptcy confirmation order and reorganization plan. The circuit court dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that the circuit court properly dismissed the complaint. View "Katrib v. Herbert J. Thomas Memorial Hospital Ass'n" on Justia Law

The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss the complaint brought by Plaintiff for injuries he sustained in the course and scope of his employment with Defendant, holding that the circuit court erred in denying the motion to dismiss.Plaintiff severely injured his left leg while he was employment at a pipeline construction project and received workers' compensation benefits for his injury. Plaintiff brought this complaint alleging negligence, vicarious liability, and negligent hiring, retention, and supervision. Defendant filed a motion to dismiss for failing to state a claim on the ground that it was entitled to workers' compensation immunity. The circuit court denied the petition. The Supreme Court reversed, holding that the common law tort claims alleged in Plaintiff's complaint fell within the scope of immunity afforded by West Virginia's Workers' Compensation Act, W. Va. Code 23-2-1 et seq. View "Precision Pipeline, LLC v. Weese" on Justia Law

Supreme Court affirmed in part and reversed in part three orders issued by two separate judges presiding over two separate but related cases in the circuit court, holding that remand was required.Specifically, the Supreme Court held that the circuit court (1) did not err in denying Praetorian Insurance Company's motion to intervene in Plaintiff's wrongful death action against its insured, Air Cargo Carriers, LLC for lack of standing to assert Air Cargo's right to workers' compensation immunity; (2) erred in denying Praetorian's motion for summary judgment as to count one of its declaratory judgment complaint; and (3) correctly dismissed count two of Praetorian's declaratory judgment complaint on the grounds that Praetorian lacked standing. View "Praetorian Insurance Co. v. Chau" on Justia Law

The Supreme Court affirmed in part and reversed in part the decisions of the lower tribunals resolving Claimant's permanent total disability (PTD) claim in his favor after denying his petition to reopen his occupational pneumoconiosis permanent partial disability (OP PPD) claim for further evaluation, holding that the lower tribunals erred in part.At issue in the instant consolidated appeals were Claimant's attempt to reopen his OP PPD claim for further evaluation and his claim for permanent total disability (PTD) due to his various impairments. While Claimant's PTD claim was still being litigated, he unsuccessfully filed two petition to reopen his OP PPD claim. The lower tribunals denied Claimant's reopening petitions but awarded him PTD. The Supreme Court affirmed in part and reversed in part, holding (1) W. Va. Code 23-4-16(e) does not preclude reopening of a permanent disability claim because another permanent disability claim is pending; and (2) the lower tribunals were not clearly wrong in determining that Claimant was permanently and totally disabled. View "Delbert v. Murray American Energy, Inc." on Justia Law

The Supreme Court reversed the order of the circuit court denying a motion for summary judgment filed by Adam Goodman and Paul Underwood (collectively, Petitioners) in this personal injury case arising from an accident in which Blake Auton was injured, holding that the allegations against Petitioners were those of pure negligence, which were barred by workers' compensation immunity.In its order denying summary judgment, the circuit court concluded that there was a genuine issue of material fact as to whether Goodman was action within the scope of his employment while he was driving a garbage truck that backed over Auton and that additional discovery was required relating to Underwood's actions. The Supreme Court reversed and remanded with direction for the circuit court to grant summary judgment to Petitioners, holding (1) Petitioners were both clearly acting in furtherance of their employer's business when the accident occurred; and (2) therefore, workers' compensation immunity barred the cause of action and entitled Petitioners to summary judgment. View "Goodman v. Auton" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment to Clay County Development Corporation (CCDC) in regard to Petitioners' claims of discrimination in violation of the West Virginia Human Rights Act, W. Va. Code 5-11-2 and -9, and breach of an implied employment contract, holding that the circuit court did not err.Specifically, the Supreme Court held (1) as used in the Act, ancestry means discrimination based on some characteristic like race, ethnicity, or national origin that is passed down by lineal descendants, and in the context of employment, familial status is not included among the groups entitled to protection under the Act; and (2) the circuit court did not err in its finding that Plaintiffs were at-will employees and as such could be terminated for any non-discriminatory reason. View "Keener v. Clay County Development Corp." on Justia Law