Tracy L. Edgar v. Kohl's Department Stores, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s decision denying Tracy L. Edgar’s request to add L4-5 and L3-4 herniated discs as compensable conditions in her workers’ compensation claim. The court concluded that the medical evidence was insufficient to establish that the alleged herniated discs were causally related to her workplace injury, particularly in light of pre-existing degenerative back conditions. Justice Margaret L. Workman dissented.

Holdings

1. Edgar did not present sufficient evidence to establish that the requested L4-5 and L3-4 herniated discs were caused by the compensable injury or arose in the course of and resulted from her employment.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, did not clearly result from 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 Edgar's alleged L4-5 and L3-4 herniated discs were causally related to her compensable work injury and should be added as compensable conditions.
2. Whether the Workers' Compensation Board of Review's decision affirming the denial was clearly erroneous under the applicable appellate standard of review.

Disposition

affirmed