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 STATE OF WEST VIRGINIA 

SUPREME COURT OF APPEALS 

FREEDA G. PERRINE, 

Claimant Below, Petitioner 

vs.) No. 13-0514 (BOR Appeal No. 2047750) 

 (Claim No. 2009080826) 

 

BRAXTON COUNTY BOARD OF EDUCATION, 

Employer Below, Respondent 

MEMORANDUM DECISION 

 Petitioner Freeda G. Perrine, by John Robert Weaver, her attorney, appeals the decision 

of the West Virginia Workers’ Compensation Board of Review. The Braxton County Board of 

Education, by Alyssa A. Sloan, its attorney, filed a timely response.

This appeal arises from the Board of Review’s Final Order dated April 23, 2013, in 

which the Board affirmed a September 21, 2012, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges reversed the claims administrator’s September 15, 

2010, decision which closed the claim for temporary total disability benefits. The Court has 

carefully reviewed the records, written arguments, and appendices contained in the briefs, and 

the case is mature for consideration. 

 This Court has considered the parties’ briefs and the record on appeal. The facts and legal 

arguments are adequately presented, and the decisional process would not be significantly aided 

by oral argument. Upon consideration of the standard of review, the briefs, and the record 

presented, the Court finds no substantial question of law and no prejudicial error. For these 

reasons, a memorandum decision is appropriate under Rule 21 of the Rules of Appellate 

Procedure. 

 Ms. Perrine, a school cook, injured her left wrist on February 20, 2009, when she slipped 

and fell. Her claim was held compensable for fracture of the carpal bone, malunion fracture, and 

fracture of the distal radius. Ms. Perrine testified in a July of 2012 deposition that she received 

temporary total disability benefits from the date of her injury until June 30, 2010, when the 

benefits were suspended. The claims administrator suspended the benefits because Ms. Perrine is 

a school employee who does not work for the Braxton County Board of Education during the 

FILED 

September 29, 2014 

RORY L. PERRY II, CLERK 

SUPREME COURT OF APPEALS 

OF WEST VIRGINIA
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summer. She asserted in her deposition, however, that she also works full time at Go-Mart and 

has worked there since 2007. 

The claims administrator closed the claim for temporary total disability benefits on 

September 15, 2010. The Office of Judges reversed the decision in its September 21, 2012, Order 

and granted temporary total disability benefits from the beginning of the fall of 2010 school year 

until November 18, 2010, minus any overpayments. Per West Virginia Code of State Rules § 85-

1-5.3 (2006), “[i]f a period of disability includes a reasonably ascertainable period of time during 

which the claimant would not have been performing work for any employer, then temporary total 

disability indemnity benefits shall not be paid during that period.” The Office of Judges found 

that Ms. Perrine failed to submit any evidence that she was entitled to benefits during the 

summer of 2010 and that the employee wage data provided does not indicate that she was 

working for Go-Mart at the time of the compensable injury. The Office of Judges did find, 

however, that Jaiyoung Ryu, M.D., asserted in an attending physician’s report that Ms. Perrine 

would be temporarily and totally disabled until approximately September 27, 2010. She was 

found to be at maximum medical improvement on November 8, 2010, by Joseph Grady II, M.D. 

The Office of Judges therefore held that Ms. Perrine was entitled to temporary total disability 

benefits from the time school began in the fall of 2010 until she reached maximum medical 

improvement on November 8, 2010. 

The Board of Review adopted the findings of fact and conclusions of law of the Office of 

Judges and affirmed its Order in its April 23, 2013, decision. This Court agrees with the 

reasoning and conclusions of the Board of Review. Ms. Perrine failed to submit evidence 

showing that she would have been employed at Go-Mart during the summer of 2010 and is 

therefore not entitled to benefits for that time period. She is however entitled to benefits from the 

time school resumed in the fall of 2010 until she was found to be at maximum medical 

improvement on November 8, 2010. 

 For the foregoing reasons, we find that the decision of the Board of Review is not in clear 

violation of any constitutional or statutory provision, nor is it clearly the result of erroneous 

conclusions of law, nor is it based upon a material misstatement or mischaracterization of the 

evidentiary record. Therefore, the decision of the Board of Review is affirmed. 

 Affirmed. 

ISSUED: September 29, 2014 

CONCURRED IN BY: 

Chief Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Margaret L. Workman 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II