Dorothy Dawson v. Hancock County Board of Education

Summary

The Supreme Court of Appeals of West Virginia reversed and remanded a Board of Review decision denying Dorothy Dawson workers’ compensation benefits. The court held that the evidentiary record supported compensability for cervical, thoracic, lumbar, and right shoulder sprains arising from an incident while Dawson was closing a school bus hood, and instructed the Board to reinstate the Office of Judges’ order.

Holdings

1. Dawson presented sufficient evidence that she sustained cervical, thoracic, lumbar, and right shoulder sprains in the course of and resulting from her employment.
2. The Board of Review's decision was reversible because it was based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred by finding that Dawson had not sustained a compensable work-related injury.
2. Whether the evidentiary record supported compensability for cervical sprain, thoracic sprain, lumbar sprain, and right shoulder sprain despite Dawson's prior conditions and the absence of medical evidence directly stating a causal connection.

Disposition

reversed_and_remanded