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No. 27763 - Lillian Wilson v. Marion County Health Department

McGraw, J., dissenting:

        The Court's decision in the present case is abhorrent to basic principles of fairness. Ms. Wilson was wrongfully refused temporary total disability benefits and, as a direct result, lost the seniority that would have permitted her to keep her job. I simply fail to see how this Court can countenance such an unjust result. At the very least, the Grievance Board's action in rendering a decision on Ms. Wilson's grievance prior to a determination of her entitlement to continued workers' compensation benefits (and thus additional tenure credit) was arbitrary and capricious and characterized by an abuse of discretion, a circumstance clearly warranting relief under W. Va. Code § 29-6A-7(b). For that reason, I respectfully dissent.