Split Supreme Court Addresses Standard of Review, Burden of Proof for Apportionment

A divided West Virginia Supreme Court produced four opinions addressing an employer’s entitlement to apportion a worker’s impairment, with a majority clarifying the appropriate standard of review of a board decision and then concluding that the employer failed to carry its burden of proof on apportionment. Case: Duff v. Kanawha County Commission, No. 23-43, 04/22/2024, published. Facts: David Duff II worked for Kanawha County as a deputy sheriff. He injured his back in June 202 while lifting a bomb detector robot. A claims adjuster for the county’s insurance carrier accept...