Harold D. Jordan v. Spartan Mining Company

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Harold D. Jordan's request for a permanent partial disability award arising from a compensable lower-back injury. The court agreed that the medical evidence supported a 0% impairment rating attributable to the work injury because the impairment was attributable to pre-existing lumbar spine conditions.

Holdings

1. Jordan failed to establish that the compensable July 1, 2013, injury caused a compensable whole person impairment warranting a permanent partial disability award.
2. The Board of Review’s decision must be affirmed where it is not in clear violation of a constitutional or statutory provision, is not clearly the result of erroneous conclusions of law, and is not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Jordan was entitled to a permanent partial disability award for the compensable July 1, 2013, lower-back injury.
2. Whether the Board of Review’s decision affirming a 0% permanent partial disability award was clearly erroneous or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed