Wendell Adams v. Guyan Machinery Rebuilders

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision awarding Wendell Adams a total of 16% permanent partial disability for compensable contact dermatitis and hand-joint contracture. The court concluded that the Board properly relied on a 16% impairment evaluation after rejecting an outlier 37% evaluation and correcting a calculation error in another assessment.

Holdings

1. The Board of Review correctly determined that Adams was entitled to an additional 8% permanent partial disability award, for a total award of 16%.
2. The Board of Review’s decision did not clearly violate a constitutional or statutory provision, result from an erroneous conclusion of law, or rely on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review correctly affirmed an additional 8% permanent partial disability award, for a total award of 16%, based on the medical impairment evidence.
2. Whether the Board of Review’s decision clearly violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed