Ralph Mayle v. Community Progress Committee, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s decision denying Ralph Mayle’s request to reopen his workers’ compensation claim for temporary total disability benefits. The Court concluded that the evidence did not establish entitlement to reopening and indicated that Mayle was working in some capacity.

Holdings

1. Mayle failed to establish by a preponderance of the evidence that he was entitled to reopen the claim for temporary total disability benefits.
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 upon a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred in affirming the denial of Mayle's request to reopen his workers' compensation claim for temporary total disability benefits.
2. Whether the evidence established that Mayle's current condition was related to the compensable January 16, 2008 injury and that he was entitled to temporary total disability benefits.

Disposition

affirmed