Williamson Memorial Hospital v. Traci Spence

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision holding that Traci Spence’s right-sided L4-5 herniated nucleus pulposus was compensable as an occupational injury. The court also affirmed her entitlement to temporary total disability benefits through April 8, 2011, and thereafter as supported by medical evidence.

Holdings

1. A preponderance of the evidence established that the claimant sustained a right-sided L4-5 herniated nucleus pulposus in the course of her employment, making the condition compensable.
2. Because the right-sided L4-5 herniation was compensable, the claimant was entitled to temporary total disability benefits through April 8, 2011, and thereafter as supported by medical evidence.
3. The Board of Review’s decision should be affirmed where it does not clearly violate a constitutional or statutory provision, rest on an erroneous conclusion of law, or materially misstate or mischaracterize the evidentiary record.

Questions Presented

1. Whether the evidence supported finding a right-sided L4-5 herniated nucleus pulposus compensable as an occupational injury.
2. Whether the claimant was entitled to temporary total disability benefits through April 8, 2011, and thereafter as supported by medical evidence.
3. Whether the Board of Review’s decision was clearly erroneous under the applicable standard of appellate review.

Disposition

affirmed