Moore v. Workers' Compensation Appeal Board

Dissenting Opinion by

Judge FRIEDMAN.

I respectfully dissent. The majority holds that Brian Moore (Claimant), while subject to electronic home monitoring (EHM) in West Virginia, was “incarcerated” under section 306(a.l) of the Workers’ Compensation Act (Act)1 and, therefore, was not entitled to workers’ compensation benefits for the period of EHM. In so holding, the majority reasons that, although Claimant was eligible for work release, EHM significantly limited Claimant’s movements, such that he was in constructive custody.2 (Majority *635op. at 5.) I cannot accept the majority’s holding because…