Gary Whited v. Blackhawk Mining, LLC

IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED GARY WHITED, June 15, 2023 Claimant Below, Petitioner EDYTHE NASH GAISER, CLERK INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA vs.) No. 22-ICA-300 (JCN: 2019006554) BLACKHAWK MINING, LLC, Employer Below, Respondent MEMORANDUM DECISION Petitioner Gary Whited appeals the November 16, 2022, Order of the Workers’ Compensation Board of Review (“Board”). Respondent Blackhawk Mining, LLC filed a timely response.1 Petitioner did not file a reply brief. The issue on appeal is whether the Board erred in reversing the claim administrator’s…