Employers Must Prove Prior Impairment, Rules WV Court

The West Virginia Supreme Court of Appeals recently clarified the standard for apportionment in workers’ compensation cases by upholding a 15% permanent partial disability award for claimant Mark Davis.
The court determined that employers cannot reduce a worker’s settlement based on pre-existing conditions without presenting “reliable, credible evidence” of a measurable impairment to the identical body part before the new injury.
In the case against Georgian American Alloys Inc., the employer did not meet this burden of proof because medical records lacked specific, documented impairment despite the worker’s prior health history.
The ruling emphasizes that full compensation is required when an employer fails to definitively prove a previous condition already limited the worker’s functional capacity.

A former Georgia state representative pleaded guilty to making false statements to obtain $13,940 in pandemic unemployment benefits.
Prosecutors said she submitted weekly certifications in 2020 claiming she was unable to work, despite maintaining paid employment.
She resigned from office shortly before the charges were announced.
The case involves fraudulent claims for federal emergency benefits, which operate separately from workers’ compensation programs.

Georgia Tech’s Workers’ Compensation Reporting Procedures establish a framework to ensure injured employees receive timely benefits and medical care.
The protocol requires immediate notification to supervisors and the DOAS 24-hour injury claim line.
By utilizing a Managed Care Organization and a designated Panel of Physicians, the process aims to standardize treatment.
These clear reporting chains are designed to reduce litigation and facilitate a faster return to work for staff following a workplace accident.