Robert L. Lewis v. Laurel Coal Corporation

Summary

The West Virginia Supreme Court of Appeals affirmed the Workers’ Compensation Board of Review’s decision denying Robert L. Lewis an additional permanent partial disability award for a lower back injury. The court concluded that the prior 13% award fully compensated his impairment and that the Board’s decision was not legally or factually erroneous.

Holdings

1. Lewis was not entitled to an additional permanent partial disability award because the prior 13% award fully compensated his lower-back impairment.
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 Lewis was entitled to an additional permanent partial disability award for his 2009 lower-back injury despite his prior 13% award for a lower-back impairment.
2. Whether the Workers' Compensation Board of Review's decision affirming denial of an additional award was clearly erroneous under the applicable standard of review.

Disposition

affirmed