Michael Davis v. Pegasus International Enterprise, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed the Workers’ Compensation Board of Review’s denial of Michael Davis’s claim for benefits for a left shoulder labral tear allegedly sustained while making pizzas for Pegasus International Enterprise, Inc. The court held that the medical evidence was insufficient to establish that the injury occurred in the course of and resulted from his employment, and issued a memorandum decision under Rule 21.

Holdings

1. The evidence was insufficient to establish that Davis's left-shoulder labral tear occurred in the course of and resulted from his employment.
2. The Board of Review's decision 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 the evidence established that Davis's left-shoulder labral tear was an injury sustained in the course of and resulting from his employment.
2. Whether the Workers' Compensation Board of Review's affirmance of the denial of benefits was clearly erroneous under the applicable standard of review.

Disposition

affirmed