Appalachian Boiler & Fab, LLC v. Judith A. Caruthers, Dependent of Johnny A. Caruthers (Deceased), Alberici Mid Atlantic WV LLC, and West Virginia Offices of the Insurance Commissioner, in its capactiy as administrator of the Old Fund

IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED APPALACHIAN BOILER & FAB, LLC, April 10, 2023 Employer Below, Petitioner EDYTHE NASH GAISER, CLERK INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA vs.) No. 22-ICA-219 (JCN: 2019023975) JUDITH A. CARUTHERS, DEPENDENT OF JOHNNY A. CARUTHERS (DECEASED), Claimant Below, ALBERICI MID ATLANTIC WV LLC, and WEST VIRGINIA OFFICES OF THE INSURANCE COMMISSIONER, in its capacity as administrator of the Old Fund, Respondents MEMORANDUM DECISION Petitioner Appalachian Boiler & Fab, LLC (“Appalachian”) appeals the October 3, 2022, order of the…