with asymptomatic HIV infection does not have protected status to invoke disability discrimination laws) and with Bragdon v. Abbott, 524 U.S. 624, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998) (some persons with asymptomatic HIV infection may be able to invoke the protection of disability discrimination laws); compare also Myers v. Hose, 50 F.3d 278, 284 (4th Cir.1995) (stating that in the Fourth Circuit, reassignment to a vacant position is not a form of reasonable accommodation) with Syllabus Point 4 of Skaggs v. Elk Run Coal Co., Inc., 198 W.Va. 51, 479 S.E.2d 561, (1996) (Justice Cleckley writing for the Court, holding that reassignment to a vacant position may in a given case be a form of reasonable accommodation); compare also Haynes v. Rhone-Poulenc, 206 W.Va. 18, 521 S.E.2d 331 (1999) (<HOLDING>) with McDonald v. Pennsylvania, 62 F.3d 92 (3d
holding the commission cannot rely on a va rating to find a claimant was totally disabled holding disability discrimination claim barred holding that a temporarily totally disabled person may invoke protection under disability discrimination laws holding that a totally disabled claimant whose preexisting osteoarthritis was temporarily aggravated by her employment was entitled to temporary total disability benefits but not permanent total disability benefits because there was no causal connection between the temporary aggravation and the permanent disability holding without applying the doctrine of judicial estoppel that the plaintiff who made sworn statements of total disability in a social security disability application and then testified at her deposition that she was not totally disabled failed to raise a genuine issue of material fact as to whether she was a qualified individual with a disability within the meaning of the ada