John E. Jensen v. International Coal Group, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of John E. Jensen’s request to reopen his workers’ compensation claim for temporary total disability benefits. The court concluded that Jensen’s compensable lumbar sprain had resolved in 2009 and that his later back and leg symptoms were not shown to constitute a progression or aggravation of that injury. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure, with one justice dissenting.

Holdings

1. The claim was properly denied reopening because Jensen failed to establish that his current back and leg symptoms were related to, or constituted a progression or aggravation of, the compensable lumbar sprain or strain.
2. The Board of Review's decision was not clearly erroneous, unconstitutional, or based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review properly affirmed denial of Jensen's request to reopen his workers' compensation claim for temporary total disability benefits.
2. Whether the evidentiary record established a progression or aggravation of the compensable lumbar injury sufficient to justify reopening the claim.

Disposition

affirmed