Merchant v. Workers' Compensation Appeal Board

I concur in part and respectfully dissent in part to the majority’s opinion. I concur that we should remand to the Board to remand to the WCJ for a determination as to when the West Virginia payments ceased. However, I dissent from the majority’s affirmance of the portion of the Board’s order providing that Claimant failed to prove by unequivocal medical testimony that his diabetes insipidus was work-related.

The WCJ credited Dr. Walczak’s testimony and found that Claimant’s diabetes insipidus resulted from Claimant’s electrocution at work. The Board and the majority found that Dr. Walczak’s…