Robert E. Strickland v. Geo V. Hamilton, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed decisions denying Robert E. Strickland additional temporary total disability benefits for the period after he was released to modified work and before his claim was reopened for surgery-related benefits. The court held that the evidence supported reliance on the physician’s initial work release and that the claim was properly reopened for additional benefits related to the pending surgery.

Holdings

1. Strickland was not entitled to additional temporary total disability benefits for the period after Dr. Mancini released him to modified work and before the claim was reopened for surgery-related benefits.
2. The claim was properly reopened on December 13, 2011, for additional temporary total disability benefits related to Strickland’s pending surgery.
3. The Board of Review’s decisions were not in clear violation of any constitutional or statutory provision, did not rest on clearly erroneous conclusions of law, and were not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Strickland was entitled to temporary total disability benefits from January 4, 2011, through December 13, 2011, despite his physician’s release to modified work.
2. Whether the claim was properly reopened on December 13, 2011, for additional temporary total disability benefits related to pending shoulder surgery.
3. Whether the Board of Review’s decisions were clearly erroneous under the applicable standard of review.

Disposition

affirmed