Justice v. West Virginia Office Insurance Commission

McHUGH, Justice:

Petitioner Roy Justice appeals from the December 22, 2010, order of the West Virginia Workers’ Compensation Board of Review (“Board of Review”) through which Petitioner’s permanent total disability (“PTD”) award previously granted on December 7, 1994, was suspended and vacated. Mr. Justice challenges the Board of Review’s determination, upon a reopening of his PTD claim, that he is capable of gainful employment. Mr. Justice argues that his former employer, Respondent Lowe’s Home Centers, Inc., (“Lowe’s”), violated the statute which authorizes the claim reopening. Citing…