Summary
The Supreme Court of Appeals of West Virginia reversed the Workers’ Compensation Board of Review’s denial of Michael Greenlee’s claim arising from a lower-back injury sustained while working for Selah Corporation. The Court held that Greenlee established a personal injury received in the course of and resulting from his employment under West Virginia Code § 23-4-1 and found that the Board’s decision was based on a material misstatement or mischaracterization of the evidence.
Holdings
- Greenlee satisfied the three elements of West Virginia Code § 23-4-1 by proving a personal injury received in the course of employment and resulting from employment; therefore, the claim was compensable.
- The Board of Review was plainly wrong to affirm denial of Greenlee’s application because its decision resulted from erroneous conclusions of law or a material misstatement or mischaracterization of the evidentiary record.
Questions Presented
- Whether Greenlee established that he sustained a personal injury in the course of and resulting from his employment under West Virginia Code § 23-4-1.
- Whether the Workers’ Compensation Board of Review was plainly wrong in affirming denial of the claim based on alleged inconsistencies and pre-existing conditions.
Disposition
reversed
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Court Document
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