CHARLESTON — A Kanawha Circuit Court judge denied a request for a temporary restraining order and a writ of mandamus in a lawsuit against Workforce West Virginia for unemployment benefits related to the pandemic.
“The court will make no finding as to whether or not it was a wise decision.,” Kanawha Circuit Judge Maryclair Akers said, according to Think Kids. “Whether or not it was a good decision, whether or not it was a decision that was correct. It’s just simply not a question for the court.”
Rebecca Urie and Kimberly Griffith filed lawsuits in July after Gov. Jim Justice ended enhanced benefits early.
"By prematurely terminating the administration of the benefits, the State has violated the West Virginia Legislature's requirement that Commissioner Adkins secure to this state and its citizens 'all advantages available'... in the federal unemployment system," the plaintiffs wrote in the complaint
Scott Adkins, the commissioner of Workforce West Virginia, argued that he was only following Justice's orders.
“There’s no question, even from the pleadings, that your clients have been harmed here and to say otherwise is disingenuous. Their benefits are cut off,” Akers told attorney Bren Pomponio, MetroNews reported. “But under the law, we have to proceed with the correct procedure.”
The petition says that the benefits provided by the CARES Act included Pandemic Unemployment Assistance for workers not otherwise eligible for regular unemployment benefits, Pandemic Emergency Unemployment Compensation and Federal Pandemic Unemployment Compensation that were supposed to be available through Sept. 6.
West Virginia Attorney General Patrick Morrisey's office argued the case before Akers.
“We all want all able-bodied and healthy folks to get back to work and hope this will advance that goal,” Morrisey said in a statement after Akers' ruling. “The court was correct in acknowledging that it cannot act like a ‘Super Commissioner’ and impose the plaintiffs’ preferred policy.
“The court’s ruling correctly upholds the law and constitutes a clear victory for the people of West Virginia. Courts cannot interfere with the state’s decision on an issue that fell within its authority and discretion. Such matters must be weighed strictly based on the law.”
The plaintiffs claim the loss of unemployment compensation benefits has caused them significant stress and worry.
Both Urie and Griffiths were eligible for benefits in all three categories — Pandemic Unemployment Assistance, Pandemic Emergency Unemployment Compensation and Federal Pandemic Unemployment Compensation —and have been unable to work throughout the pandemic.
They are represented by Pomponio and Laura Davidson of Mountain State Justice in Charleston.
Kanawha Circuit Court case number: 21-P-254