Cordelia Johnson v. Starlight Behavioral Health Services, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed a Workers’ Compensation Board of Review decision granting Cordelia Johnson a 0% permanent partial disability award. The court held that the compensable injuries were limited to a chest wall contusion and unspecified contusion, that the right shoulder condition had not been established as compensable, and that the medical evidence showed no permanent impairment from the compensable injuries.

Holdings

1. The right-shoulder condition could not support an award because its compensability had been denied in prior unappealed decisions, and the only compensable conditions were the chest wall contusion and unspecified contusion.
2. The Board of Review's decision affirming a 0% permanent partial disability award was affirmed because the record showed 0% impairment resulting from Johnson's compensable injuries and the decision did not violate law or rely on a material misstatement of the evidence.

Questions Presented

1. Whether the Board of Review erred in affirming a 0% permanent partial disability award when the independent medical evaluator found right-shoulder impairment.
2. Whether the right shoulder could be considered in calculating permanent partial disability when its compensability had previously been denied and the denial was not appealed.

Disposition

affirmed