Lee R. Walker v. W. Va. Office of Insurance Commissioner/Star Manufacturing

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s denial of Lee R. Walker’s request to reopen his workers’ compensation claim for an additional permanent partial disability award. The court held that the evidentiary record was insufficient to show error in the claims administrator’s determination that the request was time-barred. The decision was issued as a memorandum decision, with Justice Margaret L. Workman dissenting.

Holdings

1. The Board of Review's decision was affirmed because the record did not demonstrate a clear violation of a constitutional or statutory provision, erroneous conclusions of law, or a material misstatement or mischaracterization of the evidentiary record.
2. Walker was not entitled to the requested additional evaluations on the record presented because the evidentiary record was insufficient to show that the claims administrator's decision was erroneous.

Questions Presented

1. Whether the Workers' Compensation Board of Review erred in affirming the denial of Walker's request to reopen his claim for additional permanent partial disability consideration.
2. Whether the record supported Walker's request for an additional independent medical evaluation and a neuropsychiatric evaluation.

Disposition

affirmed