Alvin Flint v. Arch Coal, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a 1% permanent partial disability award for Alvin Flint arising from a compensable left shoulder strain. The court agreed with the lower tribunals that the most reliable medical evidence supported no greater award and that the claimant had not shown entitlement to additional permanent partial disability benefits.

Holdings

1. The Board of Review properly affirmed the 1% permanent partial disability award because Flint did not submit sufficient persuasive evidence establishing entitlement to a greater award.
2. Questions of law arising in the context of Board of Review decisions are reviewed de novo, while factual findings and evidentiary determinations receive the deference prescribed by W. Va. Code § 23-5-15.

Questions Presented

1. Whether Flint established entitlement to a permanent partial disability award greater than 1% for his compensable left shoulder strain.
2. Whether the Board of Review’s affirmance of the 1% award was clearly erroneous, legally erroneous, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed