Herbert Wendling v. Yellow Transportation, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision denying the addition of right knee degenerative joint disease as a compensable component of Herbert Wendling’s workplace injury. The court held that the degenerative condition pre-existed the compensable injury and that the evidence did not support an additional permanent partial disability award.

Holdings

1. The preponderance of the evidence established that Wendling’s right knee degenerative joint disease pre-existed the compensable injury and was not work-related; therefore, it was properly excluded from the claim.
2. 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 the evidence supported adding right knee degenerative joint disease as a compensable component of Wendling’s workers’ compensation claim.
2. Whether the Workers’ Compensation Board of Review was clearly wrong or otherwise acted unlawfully in affirming the denial of that request.

Disposition

affirmed