Brian A. Collins v. Alpha Natural Resources, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s decision denying Brian A. Collins additional temporary total disability benefits arising from a compensable left ankle injury. The court concluded that the medical evidence showed Collins had been released to work and had reached maximum medical improvement, and that his management work in a self-owned business constituted a return to work despite his not drawing a salary.

Holdings

1. Collins was not entitled to additional temporary total disability benefits because the evidence showed that he had returned to work in a management capacity and had been released to work and found to have reached maximum medical improvement.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Collins was entitled to additional temporary total disability benefits.
2. Whether the Board of Review’s decision affirming closure or denial of temporary total disability benefits violated a constitutional or statutory provision, resulted from erroneous conclusions of law, or relied on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed