Board Errs in Awarding Attorney Fees to Worker

West Virginia’s Intermediate Court of Appeals ruled that the Board of Review erred in awarding attorney fees to a worker after finding that a claims administrator had unreasonably declared an overpayment of benefits to her. Case: WVNH Emp LLC v. Swisher, No. 25-ICA-374, 04/07/2026, published. Facts and procedural history: Maureen Swisher worked for WVNH Emp LLC as a certified nursing assistant. She injured her right shoulder at work in July 2023 and began collecting temporary total disability benefits. In September 2024, a claims administrator for WVNH’s insurance carrier issued...