Eric Smith v. City of South Charleston

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of payment for an electromyogram and nerve conduction study requested in Eric Smith’s workers’ compensation claim. The court held that the study was related to lumbar radiculopathy or a degenerative back condition, rather than the compensable right ankle sprain sustained while Smith was working as a police officer.

Holdings

1. The November 9, 2012, nerve conduction study was not medically related to or reasonably required for the compensable right ankle sprain because the evidence established that Smith’s symptoms arose from lumbar radiculopathy or another back-related process.
2. The Board of Review’s decision must be affirmed because it did not clearly violate a constitutional or statutory provision, rest on an erroneous conclusion of law, or rely on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the November 9, 2012, nerve conduction study was medically related to and reasonably required for the compensable right ankle sprain.
2. Whether the Board of Review’s denial of authorization and payment was clearly erroneous under the applicable appellate standard.

Disposition

affirmed