CHARLESTON — The plaintiffs in a lawsuit attempting to reinstate federal COVID-19 unemployment relief benefits will now go to the state Supreme Court.
"West Virginia law requires the Commissioner of Workforce West Virginia to secure all federal unemployment compensation benefits available for the citizens of this State," the August 24 notice of appeal states. "The federal enhanced pandemic unemployment compensation benefits at issue, in this case, are available to West Virginians at no cost to the State of West Virginia. By withholding the federal funds from the citizens of our state, Commissioner Adkins is violating his duty, as expressed specifically by the West Virginia Legislature, to 'Guard against the menace to health, morals and welfare arising from unemployment.'"
Rebecca Urie and Kimberly Griffith filed the petition for mandamus and the complaint for injunctive relief in an attempt to enforce the state statutes that require Commissioner Scott Adkins to secure federal pandemic unemployment compensation benefits.
In the appeal, the plaintiffs want the Supreme Court to answer four questions regarding assignments of error. The plaintiffs want to know if the circuit court erred in concluding that injunctive relief was not procedurally available to the plaintiffs if it erred when it concluded that the West Virginia Unemployment Compensation Law inures to the benefit of employers if it erred when it concluded the circuit court lacked jurisdiction over the petition for writ of mandamus and in deferring the commissioner's interpretation of West Virginia code.
Urie and Griffith filed lawsuits in July after Gov. Jim Justice ended enhanced benefits early. Earlier this month, Circuit Judge Maryclaire Akers denied an injunction to force Workforce West Virginia to continue to provide benefits.
"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 their complaints.
Adkins argued that he was only following Justice's orders. Justice announced he was ordering the federal pandemic unemployment support stopped and the state ceased administering the benefits on June 19.
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 Bren Pomponio and Laura Davidson of Mountain State Justice in Charleston.
Kanawha Circuit Court case number: 21-P-254, 21-P-255