Anthony B. Napier v. SWVA, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision denying Anthony B. Napier a permanent partial disability award for reflex sympathetic dystrophy in his left leg. The court held that the evidence supported a finding of no ratable impairment and that the decision did not violate res judicata because prior orders holding the condition compensable did not establish entitlement to an additional disability award.

Holdings

1. A prior order holding reflex sympathetic dystrophy of the left leg compensable did not establish entitlement to an additional permanent partial disability award for that condition; the issues were distinct, so res judicata did not determine the appeal.
2. The 0% permanent partial disability award was supported by the record because the credited medical evaluations found no ratable impairment attributable to reflex sympathetic dystrophy of the left leg.
3. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review and Office of Judges violated res judicata by denying an additional permanent partial disability award after the claim had previously been held compensable for reflex sympathetic dystrophy of the left leg.
2. Whether the evidentiary record supported a 0% permanent partial disability award for reflex sympathetic dystrophy of the left leg.
3. Whether the Board of Review’s decision was clearly wrong under the applicable workers’ compensation standard of review.

Disposition

affirmed