Chateau Grove, Inc. v. Cynthia Holland

Summary

The Supreme Court of Appeals of West Virginia affirmed a decision ordering a vocational rehabilitation evaluation for Cynthia Holland, an injured licensed practical nurse, rather than immediately granting or denying retraining benefits. The court concluded that the employer had not established that its proposed light-duty position accommodated Holland’s restrictions and that the vocational rehabilitation hierarchy should be assessed by a qualified evaluator.

Holdings

1. Holland was not entitled to automatic advancement to retraining because she had not established that the vocational rehabilitation priorities preceding retraining were not viable. The proper disposition was referral to a qualified vocational evaluator to work through the hierarchy of vocational benefits.
2. The Board of Review did not err in affirming the Office of Judges’ modification of the claims administrator’s decision.

Questions Presented

1. Whether the Board of Review properly affirmed an order directing a vocational rehabilitation evaluation under the hierarchy of vocational rehabilitation benefits rather than granting retraining immediately.
2. Whether the Board of Review’s decision was clearly erroneous, legally erroneous, constitutionally or statutorily invalid, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed