Good Samaritan Due West Virginia Benefits

• A man who was injured while aiding a car accident victim is entitled to West Virginia workers compensation benefits, a state appellate court ruled, overturning a state board’s rejection of the claim.
• The Intermediate Court of Appeals of West Virginia decision in Tyler J. Carroll vs. West Virginia Heating & Plumbing Co., held that Carroll’s supervisor implicitly authorized for the May 2021 rescue attempt that led to Carroll’s injury, which made his actions within the scope of his employment.
• Carroll and supervisor Leonard Ernie Bragg were traveling together in a company van from a work project. Enroute, they stopped at the scene of a serious vehicle accident and went to provide aid to the victim.
• As Carroll attempted to rescue the driver from the wrecked vehicle, another vehicle collided with the accident site. Carroll suffered multiple fractures to his arms, skull and legs, one of which subsequently underwent a double-amputation.
• His employer’s claims administrator denied his application for workers’ compensation benefits, taking the position that because Carroll had exited the company vehicle, his injuries were not sustained in the course of his employment. 
• In its May 29, 2024 opinion, the appeals court cited the legal doctrine that “an act specifically or impliedly directed by the master, or any conduct which is an ordinary and natural incident or result of that act, is within the scope of the employment.” 
• Based on this, the court ultimately held that in unique situations such as Carroll’s case, an employer’s implicit authorization can serve to bring the employee’s actions within the course and scope of their job duties for workers’ compensation purposes.
  READ MORE

Worker Allowed to Keep Settlement After Mississippi Whittles to $3,000 

• A state agency employee was allowed to keep all of a workers’ compensation settlement after the state and its third party administrator went after more than half of the $750,000 originally awarded.
• In Brent v. Mississippi Department of Human Services (MDHS), No. 2022-CT-00529-SCT (05/30/24), the state’s high court held that a worker didn’t have to pay $2,887.50 out of a settlement she received.
• MDHS and its TPA originally claimed the employee owed them $358,210 from the award. Subsequently,  they reduced their demand to $335,216, followed by another reduction, eventually, the parties agreed that $331,849 was payable immediately, leaving $3.137.50 in dispute.
  READ MORE