Summary
The Supreme Court of Appeals of West Virginia affirmed the denial of Frederick Boggs's workers' compensation claim for a left shoulder injury allegedly sustained at work. The court concluded that Boggs's accounts of the injury were inconsistent, medical records showed preexisting shoulder issues, and no physician attributed the condition to an occupational injury.
Holdings
- Boggs failed to meet his burden of proving that he sustained a work-related injury. The claim was therefore not compensable.
- The Court affirmed the Board of Review because the record did not present a clear statutory or constitutional violation, an erroneous legal conclusion, or a material misstatement or mischaracterization of the evidence, and the Court could not conduct a de novo reweighing of the evidence.
Questions Presented
- Whether Boggs established that his left-shoulder condition was a compensable personal injury received in the course of and resulting from his employment.
- Whether the Board of Review's affirmance of the denial of the workers' compensation claim was clearly erroneous or otherwise subject to reversal under W. Va. Code § 23-5-15.
Disposition
affirmed
Cases Cited (4)
- Hammons v. W. Va. Off. of Ins. Comm’r, 235 W. Va. 577, 582-83, 775 S.E.2d 458, 463-64 (2015)(followed)
- Justice v. West Virginia Office Insurance Commission, 230 W. Va. 80, 83, 736 S.E.2d 80, 83 (2012)(followed)
- Davies v. W. Va. Off. of Ins. Comm’r, 227 W. Va. 330, 334, 708 S.E.2d 524, 528 (2011)(followed)
- Barnett v. State Workmen’s Comp. Comm’r, 153 W. Va. 796, 172 S.E.2d 698 (1970)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…