Cecil R. Evans v. Bradley Public Service District

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision awarding Cecil R. Evans a total of 16% permanent partial disability for compensable injuries sustained in a workplace automobile accident. The court held that cervical spine conditions were not compensable and that the impairment assessment supporting the additional 6% award was reliable. The decision was issued as a per curiam memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Because the cervical spine condition was not a compensable component of the claim, Evans could not receive a permanent partial disability award for cervical-spine impairment.
2. The Board of Review properly affirmed a total permanent partial disability award of 16%, including the previously granted 10% award and an additional 6% award.
3. An appellate court will not disturb the Board of Review's decision absent a constitutional or statutory violation, an erroneous conclusion of law, or a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Evans was entitled to additional permanent partial disability benefits based on cervical-spine impairment.
2. Whether the Board of Review properly affirmed the determination that the most reliable medical evaluation supported a total 16% permanent partial disability award.

Disposition

affirmed