Larry A. Hill v. Wendcentral Corporation

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of additional temporary total disability benefits to Larry A. Hill. The Court held that benefits were properly awarded only from May 19, 2015, through August 20, 2015, when Hill was off work for his compensable lumbar sprain/strain, while other periods were attributable to noncompensable conditions including an inguinal hernia and anxiety.

Holdings

1. Hill was entitled to temporary total disability benefits only for the period during which his treating physician removed him from work because of the compensable lumbar sprain/strain—May 19 through August 20, 2015. He was not entitled to benefits for periods when he was off work because of the noncompensable inguinal hernia or anxiety, or when the record did not establish an active treatment plan for the compensable lumbar condition.
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; therefore, affirmance was required.

Questions Presented

1. Whether Hill was entitled to temporary total disability benefits from February 24 or 25 through February 28, 2015, based on his compensable workplace injury.
2. Whether Hill was entitled to temporary total disability benefits from May 16 through November 18, 2015, beyond the period awarded by the Office of Judges.

Disposition

affirmed