Ben Shinn Trucking, Inc. v. Joseph W. Howell

Summary

The West Virginia Supreme Court of Appeals affirmed a Workers’ Compensation Board of Review decision finding that Joseph W. Howell’s cervical and lumbar sprains were compensable injuries and awarding temporary total disability benefits. The court concluded that the medical evidence supported the compensability findings and disability period from May 6, 2014, through October 13, 2014.

Holdings

1. The medical evidence supported finding cervical and lumbar spine sprains compensable consequences of Howell’s workplace injury.
2. The award of temporary total disability benefits from May 6, 2014, through October 13, 2014, was supported by the evidentiary record.
3. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, clearly the result of an erroneous conclusion of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the evidence supported adding cervical sprain/strain and lumbar sprain/strain as compensable diagnoses in the workers’ compensation claim.
2. Whether the evidence supported an award of temporary total disability benefits from May 6, 2014, through October 13, 2014.
3. Whether the Board of Review’s decision was clearly erroneous under the applicable statutory, constitutional, and evidentiary review standards.

Disposition

affirmed