The Intermediate Court of Appeals of West Virginia on Monday reversed a decision that had found compensable a workers compensation claim filed by an injured medical transport driver.
The appeals court said the Workers’ Compensation Board of Review wrongly overturned a claim administrator’s order denying a workers comp claim filed by the driver for Hometown Transportation LLC.
The driver was injured in a vehicle accident in April 2023 while on his way to pick up a client for transport to a Department of Veterans Affairs hospital.
A claim administrator denied the claim in May 2023. A urine screening had found several substances in the driver’s body at the time of the accident, although a doctor’s report noted that there was no evidence he was under the influence or impaired at the time.
The comp board reversed the claim administrator and found the claim compensable for fractures and other injuries.
Hometown Transportation challenged the finding, arguing that the board failed to consider a documented history of substance abuse as well as criminal charges stemming from the accident.
The West Virginia State Police have since charged the driver with driving under the influence, according to the ruling.