Steve Dolin v. Ramsey Tire, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed decisions upholding the termination of Steve Dolin’s temporary total disability benefits and the denial of authorization for a spinal cord stimulator. The court concluded that the evidentiary record supported the finding that Dolin had reached maximum medical improvement and was not an appropriate candidate for the requested treatment. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The termination and subsequent closure of Dolin’s temporary total disability benefits were proper because the evidentiary record supported the determination that he had reached maximum medical improvement and he presented no new evidence supporting continued benefits.
2. The denial of authorization for a spinal cord stimulator was proper because the evidentiary record supported the determination that Dolin was not an appropriate candidate for the treatment.
3. The Board of Review’s decision must be affirmed when it is not in clear violation of a constitutional or statutory provision, is not clearly the result of an erroneous conclusion of law, and is not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the claims administrator properly terminated Dolin’s temporary total disability benefits after an independent medical evaluator found that he had reached maximum medical improvement.
2. Whether the claims administrator properly denied authorization for a spinal cord stimulator based on the evidentiary record.
3. Whether the Board of Review’s affirmance of the Office of Judges’ orders was clearly wrong, based on erroneous conclusions of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed