Roy Justice v. West Virginia Office Insurance Commission and Lowe's Home Centers, Inc.

Summary

The court affirmed the decision vacating Roy Justice's permanent total disability award after concluding that a self-insured former employer's participation in the reevaluation process did not invalidate the decision. Although the statute states that a former employer shall not be a party to the reevaluation, the court held that applying that language to bar a self-insured employer from initiating and participating in reevaluation would create an absurd result and nullify other statutory provisions.