Michael Robinson v. Ricoh Americas Holdings, Inc.

Robinson · Supreme Court of Appeals of West Virginia · March 24, 2016 · No. No. 15-0395; BOR Appeal No. 2049832; Claim No. 2014008927

Summary

The West Virginia Supreme Court of Appeals affirmed the Workers’ Compensation Board of Review’s denial of Michael Robinson’s claim for benefits for a left shoulder supraspinatus tear. The court agreed that the evidence did not establish that the injury occurred in the course of and resulted from his employment.

Holdings

  1. Robinson failed to demonstrate that his left-shoulder supraspinatus tear was a compensable injury occurring in the course of and resulting from his employment.
  2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record; therefore, the decision was affirmed.

Questions Presented

  1. Whether the evidence established that Robinson sustained a compensable left-shoulder injury in the course of and resulting from his employment.
  2. Whether the Workers’ Compensation Board of Review’s affirmance of the denial of benefits was clearly erroneous, legally erroneous, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed

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