Moran v. Rosciti Construction Co., LLC (Signed Opinion)Annotate this Case
Workers’ compensation dependents’ death benefits awarded under West Virginia law are payable as long as the benefits awarded under the laws of another state for the same injury remain suspended due to a related third-party settlement.
Petitioner received awards of dependents’ benefits in both Rhode Island and West Virginia. The West Virginia award was subject to W. Va. Code 23-2-1c(d), which provides for a credit of workers’ compensation benefits “awarded or recovered” under laws of another state. No benefits were paid out in connection to the West Virginia award because the weekly benefits paid in relation to the Rhode Island claim were greater than, and credited against, the West Virginia benefits awarded. After Petitioner reached a confidential settlement with defendants in a civil action she filed in relation to the decedent’s death her Rhode Island dependents’ benefits were suspended. Petitioner then requested payment of West Virginia dependents’ benefits. Petitioner’s request was denied. The Supreme Court reversed, holding that because the dependents’ benefits awarded under Rhode Island law were suspended, Petitioner was entitled to receive payments of dependents’ benefits awarded to her under West Virginia law.