Radcliff v. Momentum Pipeline, LLC
Docket Number | 24-ICA-399 |
Decision Date | 06 June 2025 |
Citation | Radcliff v. Momentum Pipeline, LLC, 24-ICA-399 (W. Va. ICA Jun 06, 2025) |
Parties | DAVID J. RADCLIFF, Claimant Below, Petitioner v. MOMENTUM PIPELINE, LLC, Employer Below, Respondent |
Court | West Virginia Intermediate Court of Appeals |
PetitionerDavid J. Radcliff appeals the September 11, 2024, order of the Workers' Compensation Board of Review.RespondentMomentum Pipeline, LLC("Momentum") timely filed a response.[1] Mr. Radcliff did not file a reply.The issue on appeal is whether the Board erred in affirming the claim administrator's order, which denied Mr. Radcliff temporary total disability ("TTD") benefits on the basis that he was paid wages in lieu of benefits for over the maximum allowed 104 weeks.
This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-11-4(2024).After considering the parties' arguments, the record on appeal, and the applicable law, this Court finds that there is error in the lower tribunal's decision but no substantial question of law.This case satisfies the "limited circumstances" requirement of Rule 21(d) of the Rules of Appellate Procedure for reversal in a memorandum decision.For the reasons set forth below, the Board's decision is reversed, and this case is remanded for further proceedings consistent with this decision.
Mr Radcliff injured his right shoulder while working for Momentum on June 15, 2021.By order dated July 21, 2021, the claim administrator held the claim compensable for right shoulder rotator cuff rupture and left knee contusion.In a notice dated September 8, 2021, the claim administrator suspended TTD benefits on the basis that Mr. Radcliff had been released to return to work as of September 3, 2021.By order dated October 8, 2021, the claim administrator closed the claim for TTD benefits, on the basis that additional medical evidence was not received showing that Mr. Radcliff remained disabled after the notice of suspension was issued on September 8, 2021.
In lieu of paying Mr. Radcliff TTD benefits for his injury, Momentum continued paying his full wages from June 15, 2021, to December 31, 2023, when payments ceased.
Seana Miller, the President of Momentum, completed a written affidavit dated May 30, 2024.She indicated that she was informed by the claim administrator that Momentum could pay Mr. Radcliff full wages in lieu of TTD benefits, which would help keep their workers' compensation experience modification or "e-mod" factor below 1.0.[2] Ms. Miller reported that Mr. Radcliff was paid full wages immediately after the compensable injury through December 24 2023.Ms. Miller stated that it was Momentum's intention that the payment of full wages was to take the place of TTD benefits.Ms. Miller indicated that the wages totaled $119,402.
After he stopped receiving his salary, in January 2024, Mr Radcliff requested TTD benefits on the basis that he continued to receive treatment for his injury.By order dated January 17, 2024, the claim administrator added left foot drop and partial tear of the right rotator cuff as compensable conditions in the claim.On January 24, 2024, Momentum submitted a Wages in Lieu of Comp[ensation] Submission form to the claim administrator, which indicated that Mr. Radcliff had been paid full wages following the compensable injury.By order dated February 2, 2024, the claim administrator denied Mr. Radcliff's request for payment of TTD benefits.The claim administrator stated that the employer paid Mr. Radcliff full salary/wages in lieu of TTD benefits from June 15, 2021, to December 31, 2023, and that Mr. Radcliff was thus not entitled to TTD benefits.Mr. Radcliff protested this order to the Board.
On June 20, 2024, Mr. Radcliff gave a deposition regarding the issue of TTD benefits.Mr. Radcliff testified that he did not receive notice of a wage replacement plan, a salary continuation plan, or other benefit plan from Momentum.Mr. Radcliff also indicated that he did not request to be paid wages in lieu of TTD benefits and that the decision to do so was made unilaterally by Momentum.Mr. Radcliff acknowledged that he was paid wages from June 15, 2021, through December 24, 2023.He stated that his last check was issued on December 29, 2023, and he did not receive notice that Momentum would be discontinuing payments.Further, he indicated that he was not aware that Momentum believed they were paying wages in lieu of TTD benefits.Mr. Radcliff stated that he had a right reverse shoulder arthroplasty on May 4, 2024, to repair his work-related injury, and that he was unable to return to work.Finally, Mr. Radcliff indicated that on June 26, 2024, his treating orthopedist completed a form stating that he should remain off work until further notice.
By order dated September 11, 2024, the Board affirmed the claim administrator's February 2, 2024, order, which denied the request for TTD benefits on the basis that Mr. Radcliff was paid wages in lieu of benefits for over the maximum of 104 weeks.The Board found that the evidence establishes that Mr Radcliff was paid more than the full amount of TTD benefits, for which he is eligible.Further, the Board found that Momentum advised the claim administrator of their intent to pay wages in lieu of TTD...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
