Bevins v. West Virginia Office of Insurance Commissioner

DAVIS, Chief Justice:

The instant proceeding consists of two consolidated appeals, both of which present the same issue for this Court’s resolution: is an injured worker entitled to receive temporary total disability workers’ compensation benefits (hereinafter referred to as “TTD benefits”) 1 while he/she also is receiving Social Security disability benefits2 in connection with the same compensable injury? In both of the claimants’ claims, the Workers’ Compensation Board of Review (hereinafter referred to as “Board of Review”) ruled that their receipt of Social Security disability benefits…