Deborah Harris v. Encore Management Company, Inc.

Summary

The Supreme Court of Appeals of West Virginia reversed and remanded a Workers’ Compensation Board of Review decision concerning Deborah Harris’s entitlement to temporary total disability benefits for a compensable lumbar sprain/strain. The court held that the Board materially mischaracterized the evidentiary record regarding an intervening non-compensable fall, maximum medical improvement, and the effect of delayed treatment, and directed reinstatement of the Office of Judges’ order awarding benefits from March 23, 2010, through June 13, 2011.

Holdings

1. The Board of Review's decision was based upon material misstatements and mischaracterizations of the evidentiary record because the record did not establish when Harris reached maximum medical improvement or that the noncompensable fall caused a new or worsening lower-back injury.
2. Harris was entitled to temporary total disability benefits for the requested period because the evidentiary record supported the conclusion that she had not reached maximum medical improvement before June 13, 2011.

Questions Presented

1. Whether the Board of Review materially mischaracterized the evidentiary record in determining that Harris had reached maximum medical improvement and was not entitled to temporary total disability benefits after March 22, 2010.
2. Whether Harris was entitled to temporary total disability benefits from March 23, 2010, through June 13, 2011.

Disposition

reversed_and_remanded