Debra A. Fisher v. Wheeling Hospital, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Workers’ Compensation Board of Review’s decision concerning additional compensable components of Debra A. Fisher’s claim arising from a fall at work. The court held that lumbar radiculopathy and lumbar disc displacement were compensable, but post-laminectomy syndrome, cervical sprain, and cervical disc displacement were not.

Holdings

1. The record supported adding lumbar radiculopathy and a lumbar herniated L3-4 disc as compensable components of Fisher's claim.
2. Post-laminectomy syndrome, cervical sprain, and cervical disc displacement were not established as compensable components of Fisher's claim.
3. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether lumbar radiculopathy and a lumbar herniated L3-4 disc should be recognized as additional compensable components of Fisher's workers' compensation claim.
2. Whether post-laminectomy syndrome, cervical sprain, and cervical disc displacement should be recognized as compensable components of the claim.
3. Whether the Workers' Compensation Board of Review's decision was clearly erroneous, legally erroneous, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed