Russell A. McWhorter v. Ryan Builders

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision concerning Russell A. McWhorter’s claim arising from a workplace ladder fall. The court upheld the denial of additional lumbar conditions and related medical and temporary total disability benefits, concluding that the lower-back problems were pre-existing and not causally related to the compensable knee injury.

Holdings

1. The Board of Review properly affirmed the denial of adding old disruption of cruciate ligament, lumbosacral neuritis, and lumbosacral sprain or strain because the evidence supported the conclusion that McWhorter's lumbar complaints were pre-existing and unrelated to the compensable injury.
2. The Board of Review properly affirmed the denial of a lumbar MRI, lumbar physical therapy, Prednisone, and continued temporary total disability benefits.
3. The Board of Review properly affirmed closure of temporary total disability benefits because McWhorter had reached maximum medical improvement for the compensable injury.

Questions Presented

1. Whether the Board of Review erred in affirming the denial of adding old disruption of cruciate ligament, lumbosacral neuritis, and lumbosacral sprain or strain to the workers' compensation claim.
2. Whether the Board of Review erred in affirming the denial of a lumbar MRI, lumbar physical therapy, Prednisone, and continued temporary total disability benefits.
3. Whether the Board of Review erred in affirming closure of temporary total disability benefits after a finding that McWhorter had reached maximum medical improvement.

Disposition

affirmed