Summary
The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s denial of temporary total disability benefits to Leonard Dempsey. The court held that the record contained no medical evidence establishing temporary total disability from May 25, 2012, through July 12, 2012, and found no clear legal or factual error in the Board’s decision.
Topics
Practice areas
Questions Presented
- Whether the Board of Review erred in reinstating the claims administrator’s closure of Dempsey’s temporary total disability benefits claim.
- Whether the evidentiary record supported an award of temporary total disability benefits from May 25, 2012, through July 12, 2012.
Holdings
- The Board of Review did not clearly violate a constitutional or statutory provision, apply erroneous conclusions of law, or materially misstate or mischaracterize the evidentiary record; therefore, its decision was properly affirmed.
- Dempsey was not entitled to temporary total disability benefits for that period because the record lacked medical evidence establishing temporary total disability.
Key quotations
“There is no evidence in the record to indicate that Mr. Dempsey was temporarily and totally disabled during the requested time period.” (at 2)
“There are no medical reports during the time period and no physician of record opined that he was temporarily and totally disabled from May 25, 2012, through July 12, 2012.” (at 2)
Factual background
Dempsey, a coal miner, injured his right hand at work on December 29, 2010, when it was caught in a door handle, requiring wrist surgery. On May 10, 2012, physicians found excellent healing and released him to full active duty without restrictions. Although Dempsey was later taken off work and treated on July 12, 2012, the medical evidence showed a well-healed fracture, no mass or fluid, and no physician opinion that he was temporarily and totally disabled during the requested period.
Procedural history
The claims administrator closed Dempsey’s claim for temporary total disability benefits on July 3, 2012. The Workers’ Compensation Office of Judges reversed that decision and awarded benefits from May 25, 2012, through July 12, 2012. The Board of Review reversed the Office of Judges and reinstated the claims administrator’s decision. The Supreme Court of Appeals affirmed the Board of Review.