URS Energy and Construction v. Jody McCartney

Summary

The West Virginia Supreme Court of Appeals affirmed the Workers’ Compensation Board of Review’s decision remanding Jody McCartney’s claim for further factual development. The court held that the claim was timely filed and found no clear legal or constitutional error in the Board’s remand for consideration of additional evidence concerning whether McCartney’s February 2, 2015, injuries were work-related.

Holdings

1. The Board of Review did not err in remanding McCartney’s claim to the Office of Judges to allow additional evidence and obtain a ruling on the merits of compensability.
2. The Board of Review’s decision was not clearly erroneous or legally infirm under the applicable standard of review and therefore was affirmed.

Questions Presented

1. Whether the Workers’ Compensation Board of Review properly found McCartney’s claim timely filed.
2. Whether the Board of Review properly remanded the claim to the Office of Judges for consideration of additional evidence and a ruling on the merits of compensability.
3. Whether the Board of Review’s decision was in clear violation of a constitutional or statutory provision, resulted from erroneous conclusions of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed