Freddie E. Marcum v. Wayne County Board of Education

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s decision denying Freddie E. Marcum an additional permanent partial disability award. The court concluded that his 10% impairment for thoracic and lumbar components had been fully compensated by a prior 13% award and that the Board’s decision contained no clear legal or factual error.

Holdings

1. Marcum was not entitled to an additional permanent partial disability award because the 10% impairment assessed for the thoracic and lumbar components of the claim had already been fully compensated by his prior 13% permanent partial disability award for those same components.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred in affirming the denial of an additional permanent partial disability award.
2. Whether the Board of Review’s decision violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or was based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed