Annette Maxwell v. Trinity Healthcare Services, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a decision awarding Annette Maxwell 10% permanent partial disability for compensable cervical and right shoulder injuries sustained while moving a patient. The court held that the thoracic spine was not a compensable component of the claim and found no clear legal or factual error in the Board of Review’s decision.

Holdings

1. The thoracic spine was not a compensable component of Maxwell's workers' compensation claim and could not support an additional permanent partial disability award.
2. Maxwell was entitled to a 10% permanent partial disability award, consisting of 8% cervical-spine impairment and 2% right-shoulder impairment.
3. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, did not clearly result from erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Maxwell's thoracic-spine condition should be included as a compensable component of her workers' compensation claim.
2. Whether Maxwell was entitled to a permanent partial disability award based on Dr. Guberman's assessment of 18% whole-person impairment, including thoracic-spine and increased right-shoulder impairment.
3. Whether the Board of Review's decision affirming a 10% permanent partial disability award was supported by the evidentiary record and free of clear legal or constitutional error.

Disposition

affirmed