Carolyn S. Moore v. Woodridge Assisted Living, LLC

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision granting Carolyn S. Moore a 1% permanent partial disability award for a compensable right thumb injury. The court rejected a higher impairment assessment based on carpal tunnel syndrome because the medical evidence showed no residual symptoms or impairment attributable to that condition. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The evidentiary record supported a 1% permanent partial disability award for Moore’s compensable right thumb injury, and the Board of Review properly affirmed that award.
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 a 1% permanent partial disability award for Moore’s compensable right thumb injury.
2. Whether the evidentiary record supported an additional permanent partial disability award for right carpal tunnel syndrome.

Disposition

affirmed