Wingrove v. Workers' Compensation Division
In Wingrove v. Workers' Compensation Division, 208 W. Va. 80, 538 S.E.2d 378 (2000), the claimant suffered an injury that got progressively worse over time. 208 W. Va. at 86, 538 S.E.2d at 384.
He was initially awarded PTD by the Division with an onset date of February 13, 1987, the last date he worked. 16 Id. at 83, 538 S.E.2d 381.
The employer protested and the Workers' Compensation Office of Judges modified the ruling by changing the onset date to October 16, 1992, the date of a medical report concluding that the claimant was permanently and totally disabled. Id.
The Workers' Compensation Appeal Board subsequently reversed the PTD award, concluding that Mr. Wingrove had been fully compensated by a ten percent PPD award he had received. Id.
Before the Court, the claimant sought reinstatement of his PTD award and a determination that his disability commenced on February 13, 1987. Id.
The Court concluded that the proper onset date for the claimant's PTD was October 16, 1992.
In reaching this conclusion, the Court explained that, "although there were findings that the claimant was permanently and totally disabled as early as 1987, only one expert considered all of the claimant's potential in determining that he was permanently and totally disabled. Dr. J.P. Griffith, Jr., who evaluated the claimant on October 16, 1992 . . . ." Id. at 86, 538 S.E.2d at 384.