Powell v. Wyoming Cablevision, Inc
In Powell v. Wyoming Cablevision, Inc., 184 W. Va. 700, 403 S.E.2d 717 (1991), the Court defined what an employee must show in order to make a prima facie case of workers' compensation discrimination.
In order to make a prima facie case of discrimination under W. Va.Code, 23-5A-1, the employee must prove that:
(1) an on-the-job injury was sustained;
(2) proceedings were instituted under the Workers' Compensation Act, W. Va.Code, 23-1-1, et seq.;
(3) the filing of a workers' compensation claim was a significant factor in the employer's decision to discharge or otherwise discriminate against the employee.