Gatliff Coal Co. v. Evans

OPINION OF THE COURT

After a complete review of the briefs and record, we adopt in toto the decision of the Court of Appeals.

“BEFORE: LESTER, CHIEF JUDGE, HUDDLESTON, AND SCHRODER, JUDGES.

“SCHRODER, JUDGE: This petition for review of a decision of the Workers’ Compensation Board has only one issue, the right of the employer to take credit on the past due portion of an award from the voluntary payments by the employer pursuant to a short term disability plan. The ALJ denied the credit and the Board affirmed.

“Jerry L. Evans was employed by the appellant when he sustained a work-related injury.…