Judy L. Treadway v. Fayette County Commission

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Judy L. Treadway’s workers’ compensation claim. The court held that she failed to present medical evidence establishing that her chronic sinusitis or other respiratory conditions were occupationally acquired, rather than merely exacerbated by conditions in her workplace.

Holdings

1. Treadway failed to prove that she suffered an occupationally acquired disease or injury because the record contained no medical opinion establishing that her chronic sinusitis or another diagnosis was caused by her employment.
2. The Board of Review’s decision did not clearly violate a constitutional or statutory provision, result from erroneous conclusions of law, or rest on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether substantial medical evidence established that Treadway’s chronic sinusitis or other condition was an occupationally acquired disease or injury compensable under workers’ compensation.
2. Whether the Workers’ Compensation Board of Review’s decision affirming denial of the claim was clearly erroneous, legally incorrect, or based on a material misstatement or mischaracterization of the evidence.

Disposition

affirmed