Georgette A. Morton v. W. Va. Office of Insurance Commissioner/Seneca Health Services

DAVIS J.,

dissenting:

In this proceeding, the petitioner was injured during the course of her employment. The majority opinion has determined that merely because the petitioner was helping a co-worker1 lift a personal box when she was injured, the petitioner’s injury was not covered by our workers’ compensation laws. I find the majority’s decision to be legally unsound. Therefore, for the reasons set out below, I dissent.

The fact section of the majority opinion points out that the box that the petitioner was helping the co-worker move “had been left in petitioner’s office.” This critical fact…