Donna Rader v. Nicholas County Community Action Association

Summary

The West Virginia Supreme Court of Appeals reviewed a workers’ compensation claim for right carpal tunnel syndrome allegedly caused by the petitioner’s employment. The court held that the Workers’ Compensation Board of Review materially misstated or mischaracterized the evidentiary record, reversed its decision, and remanded for further consideration consistent with the Office of Judges’ order finding the claim compensable.

Holdings

1. The Board of Review’s decision was based upon a material misstatement or mischaracterization of the evidentiary record because the evidence supported the Office of Judges’ finding that Rader established by a preponderance of the evidence that her right carpal tunnel syndrome resulted from her employment.
2. West Virginia Code of State Rules § 85-20-41.5 does not preclude individuals who are not engaged in one of the listed types of employment from prosecuting a claim for carpal tunnel syndrome.

Questions Presented

1. Whether the Board of Review materially misstated or mischaracterized the evidentiary record in finding that Rader failed to establish that her right carpal tunnel syndrome resulted from her employment.
2. Whether West Virginia Code of State Rules § 85-20-41.5 (2006) precluded Rader from pursuing a compensability claim because her occupation was not among the listed occupations associated with an increased risk of carpal tunnel syndrome.
3. Whether the Board of Review improperly relied on Dr. Dauphin’s speculative identification of other possible risk factors.

Disposition

reversed_and_remanded