Buddy Bunner v. Peoples Cartage

Summary

The West Virginia Supreme Court of Appeals reviewed a workers’ compensation dispute concerning authorization for a C6-T1 anterior cervical discectomy and fusion following a workplace neck injury. The court held that the surgery was related to the compensable injury rather than a pre-existing condition, reversed the Board of Review, and remanded with instructions to authorize the surgery.

Holdings

1. The claimant presented sufficient credible evidence to establish that the C6-T1 anterior cervical discectomy and fusion was related to the compensable work injury and not to a pre-existing condition.
2. The Board of Review’s decision was based upon a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the requested C6-T1 anterior cervical discectomy and fusion was related to the compensable May 16, 2011, work injury rather than to a pre-existing cervical condition.
2. Whether the Board of Review’s denial of authorization was based upon a material misstatement or mischaracterization of the evidentiary record.

Disposition

reversed_and_remanded