Chadwick Blankenship v. West Virginia Office of Insurance Commissioner and Last Chance Leasing Company

Summary

The Supreme Court of Appeals of West Virginia reviewed the denial of Chadwick Blankenship's request for permanent total workers' compensation disability benefits. The court held that the evidentiary record supported the conclusion that Blankenship was capable of substantial gainful employment and affirmed the Board of Review's decision. The matter was decided in a per curiam memorandum decision, with the Chief Justice dissenting.

Holdings

1. Blankenship was capable of engaging in substantial gainful employment and therefore was not entitled to permanent total disability benefits.
2. 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 Blankenship was permanently and totally disabled because his compensable physical and psychological conditions prevented him from engaging in substantial gainful employment.
2. Whether the Board of Review’s decision affirming the denial of permanent total disability benefits was clearly erroneous under the applicable statutory, constitutional, and evidentiary review standard.

Disposition

affirmed