Franklin L. Vannoy v. Chafin Branch Coal Company, LLC

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s denial of Franklin L. Vannoy’s request to reopen his workers’ compensation claim for additional temporary total disability benefits. The court concluded that Vannoy had recovered from his 2009 compensable injury, returned to work, and developed his current complaints only after an intervening 2012 injury while working for a different employer. The court found no clear legal or evidentiary error in the Board’s decision.

Holdings

1. The evidence did not support a finding that Vannoy’s 2009 compensable injury progressed or was aggravated; his current complaints were attributable to an intervening 2012 injury sustained while working for a different employer.
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.

Questions Presented

1. Whether the evidence established that Vannoy’s 2009 compensable injury had progressed or been aggravated so as to warrant reopening the claim for additional temporary total disability benefits.
2. Whether the Board of Review’s affirmance of the denial of reopening violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or was based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed