SWVA, INC. v. BIRCH

No. 14-0471.

787 S.E.2d 664 (2016)

SWVA, INC., Employer Below, Petitioner v. Edward BIRCH, Claimant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 15, 2016.


Attorney(s) appearing for the Case

Steven K. Wellman, Esq. , Jenkins, Fenstermaker, PLLC, Huntington, West Virginia, Counsel for the Petitioner

Edwin H. Pancake, Esq. , Maroney, Williams, Weaver & Pancake, PLLC, Charleston, West Virginia, Counsel for the Respondent

Lisa Warner Hunter, Esq. , Michelle Rae Johnson, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, West Virginia, Attorneys for Amicus Curiae, The Defense Trial Counsel, of West Virginia

William B. Gerwig, III, Charleston, West Virginia, Pro Se Amicus Curiae


In this workers' compensation case, the Petitioner, SWVA, Inc., appeals an April 18, 2014, final decision of the West Virginia Workers' Compensation Board of Review ("BOR"). The BOR affirmed a November 7, 2013, Order of the Workers' Compensation Office of Judges ("OOJ"), in which the OOJ reversed a November 15, 2011, claims administrator...

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