Marvin Leeson v. Murray American Energy, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review's decision reinstating the closure of Marvin Leeson's claim for temporary total disability benefits. The court concluded that the evidence supported finding that Leeson's inability to work was attributable to preexisting or noncompensable conditions rather than the compensable head contusion and cervical sprain. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The Board of Review's decision reinstating the claims administrator's closure of temporary total disability benefits was not in clear violation of a constitutional or statutory provision, did not clearly result from an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers' Compensation Board of Review properly reinstated the claims administrator's closure of Leeson's claim for temporary total disability benefits.
2. Whether the evidentiary record established that Leeson was temporarily and totally disabled as a result of the compensable head contusion and cervical sprain from August 4, 2016, through January 10, 2017.

Disposition

affirmed