Crawford v. W. Va. Dep't of Corrections-Work Release
Decision Date | 08 June 2017 |
Docket Number | No. 16-0043,16-0043 |
Court | West Virginia Supreme Court |
Parties | William F. CRAWFORD, Claimant Below, Petitioner v. WEST VIRGINIA DEPARTMENT OF CORRECTIONS-WORK RELEASE, Respondent Below, Respondent |
John Skaggs, The Calwell Practice, LC, Charleston, West Virginia, Attorney for the Petitioner
Steven K. Wellman, Jenkins Fenstermaker, PLLC, Huntington, West Virginia, Attorney for Amicus Curiae, Defense Trial Counsel of West Virginia
Jonathan J. Jacks, Lisa Warner Hunter, Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, West Virginia Attorneys for the Respondent
In this appeal from an order of the Workers' Compensation Board of Review ("the Board"), Mr. William F. Crawford ("Mr. Crawford"), petitioner herein and claimant below, challenges the Board's finding that he is not eligible to receive workers' compensation benefits for an injury he sustained while he was an inmate participating in a work-release program.1 Having considered the briefs,2 the record submitted on appeal, the relevant law, and the oral argument presented by the parties, we affirm.
(Emphasis added). In order to be on a road crew, Mr. Crawford also was required to sign a Corrections document titled "Contract for Placement on Road Crew or Community Crew." This document established various restrictions for inmate participation on a road crew. For example, pursuant to the contract, "[DOH] staff members have no authority to excuse an inmate Road Crew member from work." Moreover, Likewise, under the contract, a Corrections "Employment Officer may terminate an inmate's work assignment at any time or may reassign an inmate to a different work crew at his/her discretion."
While working on a road crew serving DOH, Mr. Crawford's hand was severely injured on March 28, 2013, when it was caught in a wood chipper. His injuries resulted in surgery and hospitalization, with medical bills in excess of $90,000 that were paid by Corrections. Mr. Crawford was paroled soon after his release from the hospital.
Mr. Crawford initiated a claim for workers' compensation and, on November 15, 2013, the Claims Administrator rejected Mr. Crawford's application for benefits based upon its determination that he did not suffer an injury in the course of and resulting from his employment. The claims administrator found that Mr. Crawford was an inmate and not an employee as defined under West Virginia Code § 23-4-1(a) (2008) (Repl. Vol. 2010). The Office of Judges ("OOJ") affirmed the decision of the claims administrator. The OOJ found that Mr. Crawford was still incarcerated and an inmate while housed at the Charleston Work Release Center. Moreover, the work agreement between Corrections and DOH made clear that the workers from work release centers were considered inmates and not employees. The OOJ concluded that, pursuant to West Virginia Code § 23-4-1e(b) (2011) (2016 Supp.), Mr. Crawford was ineligible to receive workers' compensation benefits for an injury he received while in a work-release center performing work for DOH. The Board affirmed the Order of the OOJ. This appeal followed. By order entered on February 16, 2017, this Court directed the parties to file supplemental briefs. The case subsequently was submitted on briefs and oral argument.
Because the Board decision under review affirmed prior rulings by the claims administrator and the OOJ, the standards for this Court's review of the Board's rulings are set out in W. Va. Code §§ 23-5-15 (b & c) (2005) (Repl. Vol. 2010):
(Emphasis added). We have previously recognized, however, that this Court Sheena H. ex rel. Russell H. ex rel. L.H. v. Amfire, LLC , 235 W.Va. 132, 135, 772 S.E.2d 317, 320 (2015). Finally, to the extent that our resolution of the case sub judice requires that we engage in statutory construction, our review likewise is de novo . See Syl. pt. 1, Chrystal R.M. v. Charlie A.L. , 194 W.Va. 138, 459 S.E.2d 415 (1995) ( ). With regard for the forgoing standards, we address the dispositive issues herein raised.
To resolve the instant matter, we must address two issues raised in this appeal: (1) Whether an inmate who is participating in a work-release program and is assigned to work for a state agency is prohibited from receiving workers' compensation benefits by W. Va. Code § 23-4-1e(b) (2011) (Supp. 2016); and (2) Whether denying workers' compensation benefits to an inmate who is participating in a work-release program violates equal protection.5 We address these issues in turn.
Mr. Crawford contends that W. Va. Code § 23-4-1e(b), which he characterizes as excluding workers' compensation coverage for work "imposed by the administration of the state correctional facility or jail," is unambiguous and does not exclude workers' compensation coverage for work-release employment because such employment is voluntary as opposed to being imposed by the administration of the state correctional facility or jail. In support of his argument, he relies on Syllabus point 5 of State ex rel. Gillespie v. Kendrick , 164 W.Va. 599, 265 S.E.2d 537 (1980), which refers to court-granted work release pursuant to W. Va. Code § 62-11A-1 and describes that program as a privilege.
Agreeing that W. Va. Code § 23-4-1e(b) is unambiguous, Corrections argues that its plain language precludes work release inmates from receiving workers' compensation benefits. Corrections disagrees with Mr. Crawford's characterization of his work for DOH as voluntary. Rather, Corrections contends that, while inmates may voluntarily request the privilege of participating in the work-release program, once an inmate is accepted into the program the requirement of work is imposed on inmates as a condition of their continued participation in the work-release program.6 If for any reason an inmate fails or refuses to work, the inmate is returned to the correctional facility from whence he or she came to resume serving his or her term of incarceration at that facility. See, e.g. , Syl., Craigo v. Legursky , 183 W.Va. 678, 398 S.E.2d 160 (1990) ( ...
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...conclusions of the Board of Review, we have established that a de novo review applies. See Crawford v. West Virginia Dep’t of Corr.-Work Release , 239 W. Va. 374, 377, 801 S.E.2d 252, 255 (2017) ("We have previously recognized ... that this Court ‘review[s] de novo legal conclusions of the ......