Bobby D. Starr v. Mountaineer Gas Company

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Bobby D. Starr’s workers’ compensation claim. The court held that the evidence supported the conclusion that Starr did not timely report, and had not sufficiently established, a work-related occupational injury occurring on January 4, 2011.

Holdings

1. Starr did not establish by a preponderance of the evidence that he sustained an occupational injury on January 4, 2011.
2. The Board of Review’s decision did not clearly violate a constitutional or statutory provision, result from erroneous conclusions of law, or rest on a material misstatement or mischaracterization of the evidentiary record; therefore, the decision was affirmed.

Questions Presented

1. Whether the evidence established that Starr sustained a compensable occupational injury on January 4, 2011.
2. Whether the Board of Review clearly erred in finding that Starr failed to timely report a work-related injury and that the claim was not compensable.

Disposition

affirmed