Dallas J. Blevins v. CCBCC, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision awarding Dallas J. Blevins 0% permanent partial disability for a compensable right knee sprain. The court concluded that the evidence, including the treating physician’s records and independent medical evaluations, did not establish ratable whole person impairment or right-leg atrophy. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Blevins failed to establish that his compensable December 17, 2010, injury resulted in ratable whole person impairment warranting more than a 0% permanent partial disability award.
2. The Board of Review's decision did not clearly violate a constitutional or statutory provision, result from an erroneous conclusion of law, or rest on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred in affirming a 0% permanent partial disability award for Blevins's compensable right knee injury.
2. Whether the Board of Review's decision was based on erroneous conclusions of law or a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed