Tammi L. Connard v. Burlington United Methodist Family Services

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review's decision refusing to add several right ankle and foot conditions to the claimant's workers' compensation claim. The court also upheld the denial of reopening for additional temporary total disability benefits, finding insufficient evidence that the conditions were causally related to the compensable injury or represented a progression or aggravation.

Holdings

1. Connard failed to demonstrate that right ankle sprain, acquired deformity of the right foot, right Achilles tendonitis, or right peroneal tendonitis were causally related to the compensable right knee sprain and right foot contusion.
2. Connard did not make a prima facie showing that the compensable injury had progressed or been aggravated, and therefore was not entitled to reopen the claim for additional temporary total disability benefits.
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 the evidence established that right ankle sprain, acquired deformity of the right foot, right Achilles tendonitis, or right peroneal tendonitis were causally related to Connard’s compensable right knee sprain and right foot contusion.
2. Whether Connard made a prima facie showing of a progression or aggravation of the compensable injury sufficient to reopen the claim for additional temporary total disability benefits.
3. Whether the Board of Review’s decision was clearly erroneous under the applicable standard of review.

Disposition

affirmed