(DOWNLOAD) "Wriston v. Raleigh County Emergency Services Authority" by West Virginia Supreme Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Wriston v. Raleigh County Emergency Services Authority
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 09, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
January 1999 Term AFFIRMED IN PART, REVERSED IN PART, AND REMANDED Submitted: June 8, 1999 Starcher, Chief Justice In this appeal from the Circuit Court of Raleigh County, we are asked to determine whether an employer, through the actions of a supervisor, may demand that an employee reimburse the employer for medical insurance premiums paid while the employee was on an unpaid leave of absence due to a work-related injury, and after the employee had filed a claim for workers' compensation benefits. The circuit court, in orders dated June 17, 1998 and July 2, 1998, granted summary judgment to the employer and the employee's supervisor. The circuit court determined that because the employer continued to pay the employee's medical insurance premiums while the employee was seeking workers' compensation benefits, and because the employer did not actually seek reimbursement of those premiums after the employee resigned, no discrimination had occurred in violation of our workers' compensation anti- discrimination statutes, W.Va. Code, 23-5A-1 [1978] and -2 [1982]. The circuit court also concluded that the employee was not constructively discharged as a result of the employer's demands. Lastly, because the employer was a political subdivision of the State, the circuit court concluded that the employee's supervisor was a public employee entitled to immunity under W.Va. Code, 29-12A-5 [1986].
 "Wriston v. Raleigh County Emergency Services Authority" by West Virginia Supreme Court of Appeals * eBook PDF Kindle ePub Free){kind=link}