CHARLESTON, W.Va. — A Kanawha County jury has awarded a former chief administrative law judge $2.2 million in connection with her retaliation case she filed against the West Virginia Offices of the Insurance Commissioner.
The six-member jury reached its decision in the Rebecca Roush case this week after a trial that stretched over parts of four weeks. Kanawha County Circuit Judge Joanna Tabit presided over the trial.
Roush’s attorney, Walt Auvil of Parkersburg, said they were able to prove that Roush was targeted by the agency because she was advocating for higher pay for female administrative law judges who hear workers’ compensation cases in West Virginia.
“The insurance commissioner and that agency retaliated against Judge Roush because Judge Roush was trying to advocate for equal pay for female administrative law judges under her supervision,” Auvil told MetroNews Wednesday.
Roush claimed in her lawsuit that male judges that she supervised in her role as chief judge made nearly $5,700 more than their female counterparts. She said when she continued to complain about it she was ordered to resign by Insurance Commissioner Allan McVey. Roush was eventually informed she would not reappointed when her term ended. The actions took place in 2018 and 2019 when Roush was chief judge.
The Justice administration told MetroNews Wednesday that it will appeal the jury’s decision.
“The Justice Administration strongly disagrees with the outcome in this case and will immediately appeal the verdict to the West Virginia Intermediate Court of Appeals because we believe that many of the Court’s rulings are erroneous,” Press Secretary C.J. Harvey said in an email response. “It’s also worth noting that many of the accusations made involve actions that occurred during the Tomblin Administration.”
Roush began her time as administrative law judge in 2008. Auvil described her as being “relieved” with the jury’s decision.
“The public hearing that she was put through by the Insurance Commission put her in a very bad light in the public eye and it’s made it difficult for her going forward,” Auvil said. “I think to some degree this result somewhat clears the cloud that was placed over her reputation and over her legacy which was really an excellent legacy up to that point.”
Auvil is anticipating the state’s appeal.
“It’s been long road and there’s a long road to go before this is all resolved,” Auvil said.
Roush now works as an attorney for the West Virginia School Service Personnel Association.
Auvil was assisted by his son Kirk Auvil on the case.