Verizon West Virginia, Inc. v. West Virginia Bureau of Employment Programs, Workers' Compensation Division

(Filed July 9, 2003)

In this proceeding three employers, who are self-insured for workers’ compensation purposes, appealed an order of the circuit court obligating them to share the burden of retiring a six billion dollar debt1 that was caused by the State’s failure to maintain a Second Injury Reserve Fund from 1947 to 1997. The majority opinion has disingenuously brushed aside the federal constitutional rights of the employers2 and affirmed the circuit court’s decision. For the reasons set out below, I dissent.

I. BACKGROUND

In 1947, the State sought to encourage employers to hire workers that…