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Roger Johnson v. David Stanley Consultants, LLC

Citation: Not availableDocket: 17-0840

Court: West Virginia Supreme Court; February 22, 2018; West Virginia; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves an appeal by a claimant, a shuttle car operator, regarding the denial of a workers' compensation claim for injuries allegedly sustained during employment. The injuries were reported as having occurred when the claimant fell while exiting the work site, with no witnesses to corroborate his account. The claims administrator initially rejected the claim, a decision subsequently upheld by the Office of Judges and the Board of Review. The claimant had a history of nerve damage and was dismissed from work following an incident where he fell asleep on duty. The employer posited that the compensation claim was retaliatory following this incident. The court found the claimant's evidence unpersuasive and inconsistent, noting his testimony lacked reliable corroboration. Additionally, legal issues arising post-termination included an arrest for making false accusations. The court affirmed the Board of Review’s decision, finding no legal missteps or mischaracterization of evidence, and issued a memorandum decision under Rule 21, as no substantial legal question was presented.

Legal Issues Addressed

Procedural Appropriateness of Memorandum Decision

Application: The court determined that a memorandum decision was appropriate due to the absence of substantial legal questions.

Reasoning: The Court found no substantial legal question or prejudicial error and deemed oral argument unnecessary, concluding that a memorandum decision was appropriate under Rule 21 of the Rules of Appellate Procedure.

Retaliation Claims in Workers' Compensation

Application: The employer suggested that the claimant’s workers' compensation filing was retaliatory following his dismissal for performance issues.

Reasoning: Mr. Thompson suggested that Johnson's workers' compensation claim was retaliatory due to being sent home for his earlier incident.

Standard of Review in Workers' Compensation Appeals

Application: The Board of Review upheld the decisions of the Office of Judges, finding no substantial legal question or prejudicial error in the handling of the claim.

Reasoning: The Board of Review affirmed the Office of Judges' findings on August 23, 2017, concluding that Johnson's evidence was unpersuasive and inconsistent.

Workers' Compensation Claim Evaluation

Application: The court evaluated the claim based on the evidence provided and determined that the claimant’s account lacked reliability and corroboration.

Reasoning: The Office found Johnson's injury occurred as he was leaving work and noted that he lacked reliable corroboration for his claims, especially since he had no witnesses to the fall.