[Download] "Expedited Transportation Systems" by West Virginia Supreme Court of Appeals " Book PDF Kindle ePub Free

eBook details

Title: Expedited Transportation Systems
Author : West Virginia Supreme Court of Appeals
Release Date : January 28, 2000
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

Appellant, the West Virginia Bureau of Employment Programs, Workers Compensation Division (hereinafter "the Division"), appeals an order of the Circuit Court of Kanawha County that reversed a final order rendered by the Division. The Divisions order found that the appellee, Expedited Transportation Systems, Inc. (hereinafter "Expedited"), was a successor employer and was, therefore, liable for its predecessors delinquent Workers Compensation Premiums pursuant to W. Va. Code 23-2-14 (1995) (Repl. Vol. 1998). We conclude that, because the Division failed to follow mandatory procedures set forth in W. Va. Code 23-2-14(f) and W. Va. Code 23-2-15 (1995) (Repl. Vol. 1998), the administrative procedure was not exhausted and the circuit court was without jurisdiction to consider an appeal of this case. Consequently, we reverse the order of the circuit court and remand this case for additional proceedings in compliance with this opinion and the relevant statutes.