A divided West Virginia Supreme Court ruled that an insurance carrier that paid an injured worker temporary total disability benefits in excess of the state’s 104-week cap could not later reclaim the payments.
Case: Reed v. Exel Logistics, No. 17-0864, 06/06/2018, published.
Facts and procedural history: Edward Reed worked as a shuttle driver for Exel Logistics. He slipped and fell while at work in June 2013.
A doctor diagnosed Reed with an ankle fracture. Reed underwent several surgeries to repair and stabilize the injury.
Reed also filed a workers’ compensation clai...
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