John K. Baird v. Alcan Rolled Products–Ravenswood, LLC

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of John K. Baird’s application to reopen his workers’ compensation claim for temporary total disability benefits. The court concluded that his current symptoms were attributable to pre-existing degenerative disc disease rather than the compensable lumbosacral strain and buttocks contusion, and that he failed to establish an aggravation or progression of the compensable injury. The decision was issued as a memorandum decision with two justices dissenting.

Holdings

1. The Board of Review properly affirmed the denial of Baird’s application to reopen his claim because the evidence related his alleged temporary total disability to non-compensable, pre-existing degenerative disc disease rather than to the compensable 2007 injury.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions 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 Baird’s application to reopen his workers’ compensation claim for temporary total disability benefits.
2. Whether the evidence established a progression or aggravation of Baird’s compensable lumbosacral strain or buttocks contusion.

Disposition

affirmed