Randy D. Kincaid appealed the decision of the West Virginia Workers’ Compensation Board of Review regarding his workers’ compensation claim after he injured his neck while working for Maple Coal Company on September 4, 2009. The claims administrator initially denied the claim on November 19, 2009, stating the injury was not work-related. However, the Office of Judges later reversed this decision, awarding temporary total disability benefits from September 5, 2009, to April 1, 2010.
The Board of Review modified the Office of Judges' order, limiting benefits to September 5, 2009, through September 18, 2009, citing insufficient evidence to support Kincaid's claim for benefits beyond that date. Kincaid argued that he remained off work until April 1, 2010, and contested the Board's finding of insufficient medical evidence for his inability to work past September 18, 2009. Maple Coal Company contended that Kincaid was not entitled to further benefits after the date set by the Board.
The Board determined that the claim was compensable but found no evidence showing Kincaid's inability to work after September 18, 2009, nor any treatment records beyond October 2, 2009. The Supreme Court of Appeals agreed with the Board's reasoning, concluding that there was no substantial legal question or prejudicial error in the Board’s decision. Therefore, the Board of Review's decision was affirmed, with Justice Menis E. Ketchum dissenting.
