Sarah K. Rhodes v. Quad/Graphics, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Workers’ Compensation Board of Review’s decisions concerning Sarah K. Rhodes’s claim arising from right ulnar neuropathy and right carpal tunnel syndrome. The court upheld the denials of additional compensable conditions, vocational rehabilitation, medical testing and referrals, reopening for temporary total disability benefits, and designation of a treating physician. The court concluded that the Board’s decision was supported by the evidence and did not involve clear legal or constitutional error.

Holdings

1. The Board of Review properly affirmed the denials because the evidence did not establish entitlement to additional benefits, testing, referrals, or treatment related to the compensable conditions.
2. Rhodes failed to establish prima facie cause for reopening the claim for temporary total disability benefits.
3. Rhodes could not designate Dr. Whyte as her treating physician because the employer had an approved managed care health plan and Dr. Whyte was not a participating provider, with no applicable exception.
4. The Board of Review’s decision was affirmed because it did not clearly violate a constitutional or statutory provision, rest on clearly erroneous conclusions of law, or materially misstate or mischaracterize the evidentiary record.

Questions Presented

1. Whether the Board of Review properly affirmed denial of EMG/NCV testing and orthopedic referrals.
2. Whether Rhodes established prima facie cause to reopen the claim for temporary total disability benefits.
3. Whether Rhodes could designate Dr. Whyte as her treating physician despite the employer’s approved managed care plan.
4. Whether additional bilateral carpal tunnel syndrome and left upper-extremity conditions were compensable components of the claim.
5. Whether Rhodes was entitled to vocational rehabilitation benefits based on the compensable right upper-extremity conditions.

Disposition

affirmed