Louise Moran v. Rosciti Construction Co., LLC

Davis, Justice:

This appeal raises the issue of whether W. Va. Code § 23-2 -1c(d) (2003) (Repl. Vol. 2017) applies when awards for workers' compensation dependents' death benefits ("dependents' benefits") have been properly granted under the laws of West Virginia and another state for the same injury, but the benefits awarded under the laws of the other state have been suspended due to a related third-party settlement. After considering the parties' briefs, the relevant law, and oral arguments, we find that W. Va. Code § 23-2 -1c(d) does not apply and, therefore, dependents' benefits awarded…