West Virginia Supreme Court of Appeals, 2015

Sheena H. for Russell H. v. W. Va. Ofc. of the Insurance Commissioner/Amfire, LLC

Sheena H. for Russell H. v. W. Va. Ofc. of the Insurance Commissioner/Amfire, LLC
West Virginia Supreme Court of Appeals · Decided April 10, 2015

Sheena H. for Russell H. v. W. Va. Ofc. of the Insurance Commissioner/Amfire, LLC

Opinion

No. 13-0875 – Sheena H. for Russell H. v. West Virginia Office of the Insurance Commissioner, and Amfire, LLC FILED April 10, 2015 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Benjamin, Justice concurring:

I agree with the majority’s conclusion as it relates to the ability of Sheena H. to pursue a dependent’s benefits claim on behalf of L.H, the minor child. I write separately to underscore that the issue of causation (i.e., compensability) has not been heretofore resolved, and the employer may challenge causation when this matter is remanded.

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