Larry A. Hamrick v. Eastern Associated Coal, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Larry A. Hamrick’s application for permanent total disability workers’ compensation benefits. The court concluded that the evidence supported the Board of Review’s determination that Hamrick was not permanently and totally disabled, despite meeting the applicable medical impairment threshold. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The Board of Review properly affirmed denial of Hamrick’s permanent total disability award because the decision was supported by the evidentiary record and was not legally or constitutionally erroneous.
2. The court will affirm a Board of Review decision that is not in clear violation of a constitutional or statutory provision, is not clearly the result of an erroneous conclusion of law, and is not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred in affirming the denial of Hamrick’s application for a permanent total disability award.
2. Whether the evidentiary record supported the conclusion that Hamrick was not permanently and totally disabled.

Disposition

affirmed