Robin Stackpole v. Sun Healthcare

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Robin Stackpole's claim for a permanent partial disability award arising from a workplace back injury. The court concluded that Stackpole failed to establish a connection between her alleged impairment and the compensable injury, particularly in light of her prior history of back problems and conflicting independent medical evaluations. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. A workers' compensation claimant seeking a permanent partial disability award must establish a connection between the claimed impairment and the compensable injury. Stackpole failed to establish that connection, so the denial of a permanent partial disability award was proper.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, was not clearly based on erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Stackpole established that a permanent impairment was causally connected to her compensable workers' compensation injury.
2. Whether the Workers' Compensation Board of Review clearly erred in affirming the 0% permanent partial disability award.

Disposition

affirmed