context: Our decisions addressing whether West Virginia employees, injured while working outside of West Virginia, would benefit from West Virginia's workers' compensation laws are compatible with the results of this case.
citation_a.signal: see also
citation_a.parenthetical: the Workers' Compensation Act was not intended to deprive a West Virginia employee of protection based on the mere fortuity that the employee was injured in another state, and noting that it is well settled that "the legislature had the power to extend the benefits and privileges of the [Workers Compensation Act] to employers and employees outside the state"
citation_a.sentence: See also Gooding v. Ott, 77 W.Va. 487, 490-91, 87 S.E. 862, 863 (1916), overruled, on other grounds, by Lester v. State Workmen’s Compensation Comm’r, 161 W.Va. 299, 242 S.E.2d 443 (1978) (the Workers’ Compensation Act was not intended to deprive a West Virginia employee of protection based on the mere fortuity that the employee was injured in another state, and noting that it is well settled that “the legislature had the power to extend the benefits and privileges of the [Workers Compensation Act] to employers and employees outside the state”) overruled on other grounds by Lester v. State Workmen’s Compensation Comm’r, 161 W.Va. 299, 242 S.E.2d 443 (1978).
citation_b.signal: see
citation_b.parenthetical: "An employee employed by any person, firm, association or corporation, in carrying on any form of industry or business in this state, and who is not employed wholly without the state, is an employee protected by the provisions of our Workmen's Compensation Act, though his injuries or death be sustained while performing some of his duties in an adjoining state."
citation_b.sentence: See Syllabus Point 1, Foughty v. Ott, 80 W.Va. 88, 92 S.E. 143 (1917) (“An employee employed by any person, firm, association or corporation, in carrying on any form of industry or business in this state, and who is not employed wholly without the state, is an employee protected by the provisions of our Workmen’s Compensation Act, though his injuries or death be sustained while performing some of his duties in an adjoining state.”); Syllabus, Fausnet v. State Workers’ Compensation Comm’r, 174 W.Va. 489, 327 S.E.2d 470 (1985) (a West Virginia resident who is injured in another state in the course of and resulting from his employment is enti- tied to seek benefits under our workers’ compensation scheme if the employment in the other state is temporary or transitory in nature within the meaning of W. Va.Code 23-2-1, 1a.