Joey Austin v. Murray American Energy, Inc.

Austin · Supreme Court of Appeals of West Virginia · March 21, 2018 · No. No. 17-0866 (BOR Appeal No. 2051925; Claim No. 2016011923)

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of continued temporary total disability benefits to Joey Austin. The court held that Austin had reached maximum medical improvement for the compensable lumbar sprain, while his other asserted conditions were not compensable under the claim. The court found no clear legal or factual error in the Board of Review's decision.

Holdings

  1. The claims administrator properly closed Austin's claim for temporary total disability benefits because he had reached maximum medical improvement for the only compensable condition, a lumbar sprain.

Questions Presented

  1. Whether the claims administrator properly closed Austin's claim for temporary total disability benefits after an independent medical evaluation determined that he had reached maximum medical improvement from the compensable lumbar sprain.

Disposition

affirmed

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