Rosetta L. Dalton v. West Virginia Office of Insurance Commissioner and Crump Family Restaurants, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed a Workers’ Compensation Board of Review decision limiting Rosetta L. Dalton’s permanent partial disability award to 2% for scars resulting from ACL reconstruction. The Court concluded that the evidence supporting additional impairment awards for loss of range of motion and muscle atrophy was not persuasive and that the medical evaluation did not comply with the applicable AMA Guides methodology. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Dalton failed to meet her burden of proving entitlement to more than the 2% permanent partial disability award for scars related to her ACL reconstruction.
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 Dalton established entitlement to a permanent partial disability award greater than 2% based on alleged loss of range of motion and muscle atrophy.
2. Whether the Board of Review clearly erred or otherwise acted unlawfully in affirming the 2% award.

Disposition

affirmed