Martin v. Workers' Compensation Division

(Filed Dec. 11, 2001)

The majority opinion has no basis in our law and violates the principles of stare deci-sis.

Because the workers’ compensation system is a statutory creation, this Court should look to the applicable workers’ compensation statute to decide issues like the instant one. “Workers’ Compensation rights and resultant remedies are statutory and in order to ascertain the availability and scope of benefits, this Court looks to the plain meaning to ascertain the legislature’s intention.” Wingrove v. Workers’ Compensation Div., 208 W.Va. 80, 84, 538 S.E.2d 378, 382 (2000). “The…