Wampler Foods, Inc. v. Workers' Compensation Division

602 S.E.2d 805, 216 W. Va. 129
CourtWest Virginia Supreme Court
DecidedAugust 24, 2004
Docket31599, 31600, 31653
StatusPublished
Cited by21 cases

This text of 602 S.E.2d 805 (Wampler Foods, Inc. v. Workers' Compensation Division) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wampler Foods, Inc. v. Workers' Compensation Division, 602 S.E.2d 805, 216 W. Va. 129 (W. Va. 2004).

Opinions

PER CURIAM:

In these three consolidated cases, we are asked to consider four statutory changes made by the Legislature in the adoption of Senate Bill 2013 (“S.B.2013”), effective July 1, 2003. In each case, we are asked to examine whether and to what extent the statutory changes could constitutionally be applied retroactively to cases filed before July 1, 2003.

After careful consideration of the record in each case, the briefs and arguments of the parties, and all other matters of record, as set forth below, we find that the unique interpretation given to S.B.2013 by the West Virginia Workers’ Compensation Division1 regarding the retroactive application of those four statutes meets with constitutional, substantive due process protections.

I.

A. Wampler Foods v. Workers’ Compensation Division

This case presents an appeal of a July 15, 2003 decision by the Workers’ Compensation Appeal Board (“Appeal Board”)2 which affirmed a decision by the Workers’ Compensation Office of Judges. The appellant, Wampler Foods, Inc.,3 challenges the means used by the Appeal Board to reach its decision, in light of two statutory changes that took effect oh July 1, 2003.

Appellee Tammy S. Pancake filed a workers’ compensation claim in August 2001 alleging that, as a result of her employment in the appellant’s poultry plant, she had injured her left wrist through repetitive actions while processing chickens. By an order dated October 8, 2001, the Workers’ Compensation Division (“the Division”) denied the claim, finding that “neither an occupational injury nor an occupational disease occurred.”

The appellee protested the Division’s order to the Office of Judges. An administrative law judge examined the parties’ evidence- and concluded that “[ajll of the medical doctors of record have opined that the [appelleej’s left wrist and forearm problems are related to her employment,” and that there was no evidence in the record to suggest otherwise. The administrative law judge therefore concluded that Ms. Pancake had “sustained a compensable injury in the course of and as a result of her employment activities with Wampler Foods, Inc.” On December 4, 2002, the Office of Judges issued an order reversing the Division’s October 8, 2001 order, holding that “the claim is compensable for a left wrist and forearm injury.”

The appellant appealed the order to the Workers’ Compensation Appeal Board. A hearing was held on July 2, 2003 — one day after the S.B.2013 statutory changes took effect — and on July 15, 2003, the Appeal Board issued a written decision affirming the decision of the Office of Judges. In doing so, the Appeal Board stated:

The Workers’ Compensation Appeal Board has completed a thorough review of the record, briefs, and argument. As required, the Workers’ Compensation Appeal Board has evaluated the decision of the Office of Judges in light of its manner of applying, or misapplying, the liberality rule

The Appeal Board’s decision covers only a page-and-a-half, and contains no citations to the record or the applicable law.

The appellant subsequently petitioned this Court for review of the Appeal Board’s deci[137]*137sion, contending that the Appeal Board’s decision must be reversed because the Board failed to comply with two statutory amendments contained in S.B.2013.4 First, the appellant argues that the Appeal Board failed to comply with W.Va.Code, 23-4-lg [2003], a statute that the appellant asserts eliminated or altered the use of the “rule of liberality” in the interpretation of evidence in workers’ compensation claims. That statute states:

(a) For all awards made on or after the effective date of the amendment and reenactment of this section during the year two thousand three, resolution of any issue raised in administering this chapter shall be based on a weighing of all evidence pertaining to the issue and a finding that a preponderance of the evidence supports the chosen manner of resolution. The process of weighing evidence shall include, but not be limited to, an assessment of the relevance, credibility, materiality and reliability that the evidence possesses in the context of the issue presented. Under no circumstances will an issue be resolved by allowing certain evidence to be dispositive simply because it is reliable and is most favorable to a party’s interests or position. If; after weighing all of the evidence regarding an issue in which a claimant has an interest, there is a finding that an equal amount of evidentiary weight exists favoring conflicting matters for resolution, the resolution that is most consistent with the claimant’s position will be adopted.
(b) Except as provided in subsection (a) of this section, a claim for compensation filed pursuant to this chapter must be decided on its merit and not according to any principle that requires statutes governing workers’ compensation to be liberally construed because they are remedial in nature. No such principle may be used in the application of law to the facts of a case arising out of this chapter or in determining the constitutionality of this chapter.

The appellant contends that the Appeal Board’s post-July 1, 2003 statement that it evaluated “the decision of the Office of Judges in light of its manner of applying, or misapplying, the liberality rule” is contrary to this statute, and constitutes reversible error.

Second, the appellant argues that W.Va. Code, 23-5-12 [2003] requires the Appeal Board to issue its decisions in writing, and to “state with specificity the laws and facts relied upon” in making a decision.5 Because of the brevity of the Appeal Board’s July 15, 2003 decision, the appellant asserts that reversible error has occurred and that the case should be remanded for a full and complete reappraisal.

B. State ex rel. Charles Thompson v. Gregory A. Burton

This case is a petition for a writ of prohibition directed against the Commissioner of the Bureau of Employment Programs (“the Commissioner”), the government official charged with managing the Workers’ Compensation Division.6 The petitioner, who filed a claim for benefits prior to the introduction and passage of S.B.2013 by the Legislature, contends that the Division acted in an extra-constitutional fashion when it retroactively applied S.B.2013 to his claim. The petitioner argues that the Division violated his due process rights, and unconstitutionally [138]*138deprived him of a vested right to certain workers’ compensation benefits.

Petitioner Charles Thompson developed bilateral carpal tunnel syndrome in the course of and as a result of his employment as a roof bolter for U.S. Steel Mining Company. Mr. Thompson filed a workers’ compensation claim on January 27, 2003, the claim was ruled compensable, and surgery to correct the condition was authorized and performed in March 2003.

On July 2, 2003, Mr. Thompson was seen and evaluated by a physician to consider what, if any, permanent impairment he suffered as a result of his compensable injury. By a report dated July 8, 2003, the physician opined that Mr. Thompson had suffered a six percent impairment. Based upon that report, on July 24, 2003, the Division entered an order granting Mr.

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Wampler Foods, Inc. v. Workers' Compensation Division
602 S.E.2d 805 (West Virginia Supreme Court, 2004)

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Bluebook (online)
602 S.E.2d 805, 216 W. Va. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wampler-foods-inc-v-workers-compensation-division-wva-2004.