ZK Results – Attorneys Joni Mangino and Aaron Weiss Win Affirmance for Employer in West Virginia Supreme Court of Appeals
On September 23, 2024 Zimmer Kunz attorneys Joni Mangino and Aaron Weiss received confirmation that the lower court’s decision was affirmed in holding that their client (who employed Claimant from 2003-2005) was not legally liable for alleged workplace exposure / injuries. See Appalachian Boiler & Fab, LLC v. Caruthers, ___ S.E.3d ___ (W.Va. 2024).
The case arose after the Claimant filed a claim for benefits after being diagnosed with injuries from workplace exposure to chemicals at a fabrication plant from 1976-2015. The workplace had changed owners over the years and all employers were sued.
Attorneys Mangino and Weiss argued that (1) their client was not liable / chargeable, as it was not the employer during the Claimant’s last work exposure since he worked until 2014; (2) there was no evidence specific to any workplace exposure during his work for this employer; and (3) even if there was exposure, it was prior to 2006 and the responsibility of the state’s Old Fund insurance liabilities.
The Intermediate Court of Appeals affirmed on April 10, 2023. The Supreme Court of West Virginia affirmed as well, confirming there was no reversable error.
