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Timmy D. Ellis v. W. Va. Office of Insurance Commissioner/Old Ben Coal Co.

Citation: Not availableDocket: 13-0014

Court: West Virginia Supreme Court; June 10, 2014; West Virginia; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The petitioner contested the denial of his application for permanent total disability benefits by the West Virginia Workers’ Compensation Board of Review. The Board upheld the decision of the Office of Judges, which supported the claims administrator's denial based on the petitioner's failure to adhere to the statute of limitations. Specifically, the petitioner did not file his claim within five years following his initial permanent partial disability award in 1997, as mandated by West Virginia Code § 23-4-16(a)(2). The petitioner suffered numerous work-related injuries, including one in 1995, which resulted in a 28% permanent partial disability rating. The Office of Judges concluded that the untimely filing deprived the claims administrator of jurisdiction. The Supreme Court of Appeals reviewed the matter and found no substantial legal issues or errors, thereby affirming the lower decisions. The court's ruling, unanimous among the justices, confirmed that the petitioner's application was barred by the statute of limitations, finalizing the decision on June 10, 2014.

Legal Issues Addressed

Affirmation by Supreme Court of Appeals

Application: The Supreme Court of Appeals upheld the decisions of the lower tribunals, finding no substantial legal questions or errors.

Reasoning: Upon review, the Supreme Court of Appeals found no substantial legal questions or prejudicial errors in the lower court's decisions.

Jurisdiction of Claims Administrator

Application: The Office of Judges ruled that the claims administrator lacked jurisdiction to consider the petitioner's request due to the untimely filing.

Reasoning: The Office of Judges determined that Ellis's failure to file for permanent total disability benefits within the required time frame deprived the claims administrator of jurisdiction to consider his request.

Statute of Limitations for Workers' Compensation Claims

Application: The court applied the statute of limitations under West Virginia Code § 23-4-16(a)(2), determining that the petitioner's application for permanent total disability benefits was time-barred.

Reasoning: Ellis's application filed on August 29, 2002, based on the claim that he did not meet the five-year statute of limitations from his initial permanent partial disability award granted on March 14, 1997.