Alcon, LLC v. Cledith K. Kincaid

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision holding additional medical conditions compensable in Cledith Kincaid’s workplace injury claim. The court concluded that the Board’s decision was not clearly erroneous, unconstitutional, or based on a material misstatement of the evidence.

Holdings

1. The court upheld the determination that ataxia, cervical, thoracic, and lumbar disc disease, cervical myelopathy, C5/6 disc herniation, and L5/S1 disc herniation were compensable conditions related to Kincaid’s work injury.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers’ Compensation Board of Review erred in affirming the determination that ataxia, cervical, thoracic, and lumbar disc disease, cervical myelopathy, C5/6 disc herniation, and L5/S1 disc herniation were compensable components of Kincaid’s claim.
2. Whether the Board of Review’s decision was in clear violation of a constitutional or statutory provision, clearly the result of an erroneous conclusion of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed