Charles Elkins v. Hobet Mining

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision denying the addition of bilateral cubital tunnel syndrome to Charles Elkins's workers' compensation claim and denying authorization for bilateral cubital tunnel release surgery. The court concluded that the objective medical evidence did not establish cubital tunnel syndrome and that the requested treatment was therefore not related to a compensable condition. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Bilateral cubital tunnel syndrome was not shown to be a compensable condition because the objective medical evidence did not support the diagnosis and the contrary opinion was less consistent with the record.
2. Authorization for bilateral cubital tunnel release surgery was properly denied because the surgery was directed at a condition that was not compensable under the claim.
3. The Board of Review’s decision was not clearly erroneous under the applicable standard of review and therefore was affirmed.

Questions Presented

1. Whether the evidence supported adding bilateral cubital tunnel syndrome as a compensable condition of the workers’ compensation claim.
2. Whether authorization should be granted for bilateral cubital tunnel release surgery.

Disposition

affirmed