Leigh A. Ball v. Charleston Area Medical Center

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s decision denying Leigh A. Ball additional temporary total disability benefits for a compensable lumbar sprain. The court held that medical evidence established that Ball had reached maximum medical improvement and that claim closure was appropriate under West Virginia Code §§ 23-4-7a and 23-4-1c.

Holdings

1. Temporary total disability benefits may be suspended or terminated when the claimant reaches maximum medical improvement, and closure of Ball's claim was appropriate because the medical evidence established that she had reached maximum medical improvement for the compensable lumbar sprain.
2. The Board of Review's decision did not clearly violate a constitutional or statutory provision, result from erroneous conclusions of law, or rest on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Ball was entitled to additional temporary total disability benefits for her compensable lumbar sprain.
2. Whether closure of the claim was proper after medical evaluations determined that Ball had reached maximum medical improvement.

Disposition

affirmed