William M. Savina v. Homer Laughlin China Company

Summary

The West Virginia Supreme Court of Appeals affirmed a Workers’ Compensation Board of Review decision awarding William M. Savina 12% permanent partial disability for bilateral carpal tunnel syndrome. The court held that the Board properly relied on the most credible medical opinion and found no clear legal or factual error.

Holdings

1. The Board of Review properly affirmed a 12% permanent partial disability award because the preponderance of the evidence supported Dr. Langa’s credible medical assessment.
2. A Board of Review decision will be affirmed when it does not clearly violate a constitutional or statutory provision, clearly result from an erroneous conclusion of law, or rest on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers’ Compensation Board of Review properly affirmed a 12% permanent partial disability award for Savina’s bilateral carpal tunnel syndrome.
2. Whether the Board of Review’s decision was clearly erroneous, legally erroneous, constitutionally or statutorily impermissible, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed