Murray American Energy, Inc. v. Franklin Bush

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review's decision awarding Franklin Bush additional temporary total disability benefits and authorizing work conditioning following a compensable left shoulder injury. The court held that the medical evidence supported the conclusion that Bush remained temporarily and totally disabled and that additional work conditioning was warranted.

Holdings

1. The Board of Review did not err in affirming the reopening of Bush’s claim for additional temporary total disability benefits because medical evidence supported that he remained temporarily and totally disabled and had not reached maximum medical improvement.
2. The Board of Review did not err in affirming authorization for additional work conditioning because credible medical evidence, particularly the treating physician’s opinion, supported that the conditioning was needed to assist Bush’s return to work.

Questions Presented

1. Whether the Board of Review erred in affirming the reopening of Bush’s claim for additional temporary total disability benefits.
2. Whether the Board of Review erred in affirming authorization for additional work conditioning related to the compensable shoulder injury.

Disposition

affirmed