Charles L. Cantley v. Baylor Mining, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of temporary total disability benefits to Charles L. Cantley for a work-related lumbar sprain. The court held that medical evidence showed Cantley had been released to modified work and had reached maximum medical improvement, so the Board of Review's decision was not clearly erroneous.

Holdings

1. Cantley was not entitled to temporary total disability benefits because the medical evidence showed that he had been released to perform modified work and had reached maximum medical improvement.
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 the denial of temporary total disability benefits.
2. Whether the evidence established that Cantley remained temporarily and totally disabled after his compensable work injury.

Disposition

affirmed