James D. Kidd v. West Virginia Office of Insurance Commissioner

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of James D. Kidd’s request for an additional permanent partial disability award arising from compensable lumbar and thoracic spine injuries. The court concluded that the record supported the finding that Kidd had already been fully compensated and that he failed to establish increased impairment attributable to the compensable injury.

Holdings

1. Kidd was not entitled to an additional permanent partial disability award because the record supported the conclusion that he had already been fully compensated for his compensable lumbar and thoracic injuries.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Kidd was entitled to an additional permanent partial disability award for his compensable lumbar and thoracic spine injuries.
2. Whether the Board of Review's denial of an additional award violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or was based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed