Anne Davis v. Dolgencorp, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Anne Davis’s request to add herniated thoracic and lumbar discs as compensable components of her workers’ compensation claim. The court concluded that the disc herniations were attributable to pre-existing degenerative changes rather than her work-related lumbar and thoracic sprains.

Holdings

1. The herniated lumbar and thoracic discs were not compensable components of Davis's claim because the evidentiary record showed that they resulted from pre-existing degenerative changes rather than the July 23, 2011, work-related injury.
2. The Board of Review's decision was affirmed because it 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 the herniated lumbar and thoracic discs should be added as compensable components of Davis's workers' compensation claim.
2. Whether the Board of Review's affirmance of the denial was clearly erroneous or otherwise defective under the applicable standard of review.

Disposition

affirmed