Legal Opinion

State of WV ex rel. Gallagher Bassett Services v. the Honorable Carrie Webster, Robin Lusk and Old Dominion Freight Line, Inc.

West Virginia Supreme Court

Decided June 12, 2019No. 19-0043SeparateCited by 7 opinions

1Opinion of the Court

Armstead, Justice:

This case is before the Court on a petition for writ of prohibition. Respondent Robin Lusk worked for Respondent Old Dominion Freight Line, Inc., (" Old Dominion ") as a long-haul truck driver. Ms. Lusk was injured at Old Dominion's trucking terminal, and Old Dominion subsequently terminated her. Old Dominion's third-party claims administrator, Petitioner, Gallagher Bassett Services, Inc., (" Gallagher Bassett ") denied Ms. Lusk's claim for workers' compensation benefits on behalf of Old Dominion.

Ms. Lusk sued both Old Dominion and Gallagher Bassett in the Circuit Court of…

Also in this document: Concurring in part, dissenting in part.

2Cases cited20 opinions

  1. State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
  2. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  3. Tennant v. Marion Health Care Foundation, Inc.West Virginia Supreme Court · 1995
  4. State Ex Rel. Peacher v. SencindiverWest Virginia Supreme Court · 1977
  5. Dunn v. RockwellWest Virginia Supreme Court · 2009

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3Cited by7 opinions

  1. Austin Joseph Goodwin v. Board of Education of Fayette CountyWest Virginia Supreme Court · 2019
  2. Jerry L. Cochran v. River Road Public Service DistrictWest Virginia Supreme Court · 2019
  3. Lisa Kerr v. Sandra BaileyCourt of Appeals for the Fourth Circuit · 2020
  4. Plantz v. Gallagher Bassett Services, Inc.District Court, S.D. West Virginia · 2020
  5. Ronald Hardy, Ralph Manuel, Edgel Dudleson, Ricky Miller, James Cruey, Mark Scott, and Gary Scott v. 3M Company, Mine Safety Appliances Company, LLC, American Optical Corporation, Cabot CSC Corporation, Cabot Corporation, Eastern States Mine Supply Company, and Raleigh Mine and Industrial SupplyIntermediate Court of Appeals of West Virginia · 2023

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