Dianne Perry v. Fayette County Board of Education

Summary

The West Virginia Supreme Court of Appeals affirmed a decision denying Dianne Perry any additional permanent partial disability benefits beyond a previously granted 5% award. The court agreed that the impairment evaluation supporting a higher award was unreliable because it incorrectly identified procedures performed and reported inconsistent range-of-motion findings. The court held that the Board of Review’s decision was not based on legal error or a material mischaracterization of the evidence.

Holdings

1. Perry was not entitled to an additional permanent partial disability award because the impairment evaluation supporting her claim was unreliable and the other medical evaluations supported the existing 5% award.
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 Perry was entitled to more than the 5% permanent partial disability award already granted.
2. Whether the Board of Review’s decision denying an additional permanent partial disability award was clearly erroneous under the applicable workers’ compensation standard of review.

Disposition

affirmed