Thomas E. Wilson Sr. v. W. Va. Office of Insurance Commissioner/CGM Contractors, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Workers’ Compensation Board of Review’s denial of Thomas E. Wilson Sr.’s request for a referral to a pain specialist. The court held that the record failed to demonstrate a causal connection between the requested referral and Wilson’s compensable 1990 workplace injury.

Holdings

1. The denial of the referral was proper because the evidentiary record failed to demonstrate a causal connection between the requested referral and the compensable injury.
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 upon a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers’ Compensation Board of Review properly affirmed denial of authorization for a referral to a pain specialist.
2. Whether the evidentiary record established a causal connection between Wilson’s current symptoms and the compensable 1990 injury.
3. Whether the Board of Review’s decision violated a constitutional or statutory provision, resulted from erroneous conclusions of law, or rested on a material misstatement or mischaracterization of the evidence.

Disposition

affirmed