Georgetta Francis Mullins v. Logan County Board of Education

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s decision denying Georgetta Francis Mullins temporary total disability benefits. The court concluded that the evidence did not establish that her inability to work resulted from the compensable June 9, 2011, injury, particularly after an independent medical evaluation found maximum medical improvement.

Holdings

1. Under West Virginia Code § 23-4-7a (2005), temporary total disability benefits are not payable after a claimant reaches maximum medical improvement, is released to return to work, or actually returns to work, whichever occurs first.
2. The Board of Review’s decision must be affirmed because it 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 Mullins was entitled to temporary total disability benefits after the claims administrator closed her claim.
2. Whether the Board of Review clearly erred by affirming the determination that the evidence did not establish that her inability to work resulted from the compensable June 9, 2011 injury.

Disposition

affirmed