Clestene A. Hines-Davidson v. Wheeling Hospital, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision awarding Clestene A. Hines-Davidson 4% permanent partial disability for a compensable left-knee injury. The court held that the claimant did not establish entitlement to a greater award because the physician supporting a 14% impairment finding determined that she had not reached maximum medical improvement, making that impairment assessment unreliable. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Hines-Davidson failed to establish entitlement to an award greater than 4% permanent partial disability.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record; therefore, the decision was affirmed.

Questions Presented

1. Whether Hines-Davidson was entitled to more than a 4% permanent partial disability award for her compensable left-knee injury.
2. Whether the Board of Review's decision affirming the 4% award violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed