Richard E. Eads v. West Virginia Office of Insurance Commissioner/Wilderness Mining Company, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Richard E. Eads's application for permanent total disability benefits. The court held that Eads had not demonstrated the 50% whole person impairment required by West Virginia Code § 23-4-6(n)(1), notwithstanding his prior permanent partial disability awards exceeding 50%.

Holdings

1. Eads was not entitled to additional consideration of his permanent total disability benefits application because he failed to establish at least 50% whole-person impairment resulting from his occupational injuries.
2. The Office of Judges and the Board of Review properly relied on Dr. Scott's evaluation as the most relevant and reliable evidence of Eads's whole-person impairment.

Questions Presented

1. Whether Eads's prior permanent partial disability awards totaling more than 50% entitled him to further consideration of his application for permanent total disability benefits despite the absence of a 50% whole-person-impairment rating.
2. Whether West Virginia Code § 23-4-6(n)(1) requires proof of at least 50% whole-person impairment resulting from occupational injuries.

Disposition

affirmed