reasoning underlying rule in West Virginia

2018“The reasoning underlying this rule is that the employee is being exposed to a risk identical to that of the general public; the risk is not imposed by the employer.” Brown, 212 W.Va. at 126 , 569 S.E.2d at 202 .

2018“The reasoning underlying this rule is that the employee is being exposed to a risk identical to that of the general public; the risk is not imposed by the employer.” Brown, 212 W.Va. at 126 , 569 S.E.2d at 202 .

2009This Court further held in the Syllabus of Buckland v. State Compensation Comm’r, 115 W.Va. 323 , 175 S.E. 785 (1934): An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and for like purposes as the general public travels such highway, and not in performance of his duties for his employer, is not an injury received in the course of employment within the meaning of the Workmen’s Compensation Act and is, therefore, not compensable.

2009This Court further held in the Syllabus of Buckland v. State Compensation Comm’r, 115 W.Va. 323 , 175 S.E. 785 (1934): An injury, resulting in death, received by an employee while traveling upon a public highway in the same manner and for like purposes as the general public travels such highway, and not in performance of his duties for his employer, is not an injury received in the course of employment within the meaning of the Workmen’s Compensation Act and is, therefore, not compensable.

2009The reasoning underlying this presumption of constitutionality was reiterated in Syllabus point 1 of Louk v. Cormier, 218 W.Va. 81 , 622 S.E.2d 788 (2005): "In considering the constitutionality of a legislative enactment, courts must exercise due restraint, in recognition of the principle of the separation of powers in government among the judicial, legislative and executive branches.

2009The reasoning underlying this presumption of constitutionality was reiterated in Syllabus point 1 of Louk v. Cormier, 218 W.Va. 81 , 622 S.E.2d 788 (2005): "In considering the constitutionality of a legislative enactment, courts must exercise due restraint, in recognition of the principle of the separation of powers in government among the judicial, legislative and executive branches.

2004The reasoning underlying this rule of statutory construction is that the “primary purpose of statutes providing for police and firemen’s pensions is to protect the employee and his or her family.” Syllabus Point 3, Board of Trustees of Firemen’s Pension and Relief Fund v. City of Fairmont, 215 W.Va. 366 , 599 S.E.2d 789 (2004).

2004The reasoning underlying this rule of statutory construction is that the “primary purpose of statutes providing for police and firemen’s pensions is to protect the employee and his or her family.” Syllabus Point 3, Board of Trustees of Firemen’s Pension and Relief Fund v. City of Fairmont, 215 W.Va. 366 , 599 S.E.2d 789 (2004).

2002As we indicated in Syllabus Point 2 of De Constantin v. Public Service Commission, 75 W.Va. 32 , 83 S.E. 88 (1914) (with emphasis added): An injury incurred by a workman in the course of his travel to his place of work and not on the premises of the employer, does not give right to participation in such [Workers’ Compensation] fund, unless the place of injury was brought within the scope of employment by an express or implied requirement in the contract of employment, of its use by the servant in going to and returning from his work.

2002As we indicated in Syllabus Point 2 of De Constantin v. Public Service Commission, 75 W.Va. 32 , 83 S.E. 88 (1914) (with emphasis added): An injury incurred by a workman in the course of his travel to his place of work and not on the premises of the employer, does not give right to participation in such [Workers’ Compensation] fund, unless the place of injury was brought within the scope of employment by an express or implied requirement in the contract of employment, of its use by the servant in going to and returning from his work.