Supreme Court Says Intervening Precedent Requires Remand of Case

The West Virginia Supreme Court ruled that its intervening precedent on apportioning definitely ascertained impairments requires that a case be sent back to the Board of Review for further development. Case: West Virginia Division of Corrections and Rehabilitation v. Tencer, No. 24-238, 01/22/2025, published. Facts: Mike Tencer worked for the West Virginia Division of Corrections and Rehabilitation. He suffered injuries at work in December 2018 when he fell from a ladder. A claims administrator for the division’s insurance carrier accepted liability for Tencer’s injuries. ...