The Intermediate Court of Appeals of West Virginia has ruled that Royal Property Management, Inc. is the liable employer in a workers' compensation claim related to the electrocution death of Michael Thornsbury II. The court's decision, issued on November 10, 2026, affects Thornsbury's widow, Lara Thornsbury, who sought benefits for her and their two dependent children after her husband's tragic workplace accident. The ruling clarifies the responsibilities of employers in workers' compensation cases, particularly when multiple entities are involved.

The case, documented under docket number 26-ICA-15, arose after Thornsbury died on July 11, 2023, while performing electrical work. His widow filed for fatal dependents’ benefits shortly after his death, leading to a dispute over which company was his employer at the time of the incident. The court's ruling is significant as it determines which entity is responsible for providing workers' compensation benefits to the family of the deceased worker.

Background

The parties involved in this case include Royal Property Management, Inc. (Royal), Lara Thornsbury as the claimant, RPM Facility Services, LLC (RPM), and the West Virginia Offices of the Insurance Commissioner, which serves as the administrator of the Old Fund. The dispute centers around the employment status of Michael Thornsbury II at the time of his fatal accident.

After his death, Lara Thornsbury filed an application for benefits, asserting that her husband was employed by Royal at the time of the incident. However, RPM and its insurance company, Travelers Insurance, contended that Thornsbury was employed by RPM, which complicated the claims process. The case eventually reached the Workers’ Compensation Board of Review, which ruled in favor of Lara Thornsbury, leading Royal to appeal the decision.

The Ruling

The Intermediate Court of Appeals reviewed the evidence and arguments presented by both sides. The court found that the Workers’ Compensation Board of Review had correctly identified Royal as the chargeable employer. The opinion stated, “The evidence indicates that the only business operating as a legal entity at the time of Mr. Thornsbury’s death was Royal.” This ruling was based on multiple pieces of evidence, including testimony from Royal's owner, Jeffrey Roy, who stated that RPM did not exist as a legal entity until after Thornsbury's death.

The court noted that Royal had active workers' compensation insurance at the time of the accident, while RPM did not. The judges concluded, “The Board found that Mr. Thornsbury died in the course of and resulting from his employment with Royal.” Chief Judge Daniel W. Greear, along with Judges Charles O. Lorensen and S. Ryan White, concurred in the decision.

Impact

This ruling has important implications for workers' compensation claims in West Virginia, particularly in cases where multiple entities may claim to be an employee's employer. The court's decision reinforces the necessity for clear records regarding employment status and the need for companies to maintain proper workers' compensation insurance coverage.

By affirming the Board's decision, the court has set a precedent that may influence future cases involving disputes over employment status and liability in workers' compensation claims. This case highlights the importance of accurately identifying the employer in workplace accidents to ensure that victims and their families receive the benefits they are entitled to.

What's Next

As of now, it is unclear whether Royal Property Management will seek further appeal to a higher court. The court filing did not mention any related cases pending that might affect this ruling. However, the outcome of this case may prompt other employers to review their employment practices and insurance coverage to avoid similar disputes in the future.