Larry J. Black v. Alliant Techsystems-ATK

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Larry J. Black’s workers’ compensation claim for a right shoulder injury allegedly sustained while removing a missile from a crate at work. The court held that the evidence did not establish that the shoulder condition was an injury received in the course of and resulting from employment, particularly because the medical evidence indicated chronic degenerative conditions.

Holdings

1. Black failed to meet his burden of showing that he sustained a personal injury in the course of and resulting from his employment because the medical evidence indicated preexisting degenerative shoulder conditions and did not establish that the alleged workplace event caused the claimed injury.
2. The Board of Review’s decision did not warrant reversal or modification because Black identified no clear constitutional or statutory violation, erroneous conclusion of law, or material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Black established that his right-shoulder condition was a compensable personal injury received in the course of and resulting from his employment.
2. Whether the Board of Review’s affirmance of the rejection of the claim was clearly erroneous under the applicable workers’ compensation standard of review.

Disposition

affirmed