Ellen Shapiro v. Kanawha County Board of Education

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of workers’ compensation benefits to Ellen Shapiro for a left femur fracture sustained while she was at work. The court concluded that the evidence supported findings that the fracture resulted from pre-existing osteoporosis and medication-related bone brittleness rather than from her employment. Justice Menis E. Ketchum dissented.

Holdings

1. Shapiro did not demonstrate that her left femur fracture occurred in the course of and resulted from her employment. Although the fracture occurred while she was at work, the evidence showed that it was caused by preexisting bone disease and medication-related brittleness rather than by her employment.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Shapiro established that her left femur fracture occurred in the course of and resulted from her employment so as to be compensable under workers' compensation law.
2. Whether the Board of Review's decision denying benefits was clearly erroneous, legally erroneous, constitutionally or statutorily invalid, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed