Stephen D. Trail v. Saunders Staffing, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Stephen D. Trail’s request to add back pain, lumbosacral radiculopathy, and lumbar disc displacement to his workers’ compensation claim. The court concluded that the requested diagnoses were attributable to pre-existing degenerative conditions and were not supported by medical evidence as causally related to the compensable lumbar sprain/strain.

Holdings

1. The requested diagnoses of back pain, lumbosacral radiculopathy, and lumbar disc displacement were not supported by sufficient medical evidence as conditions resulting from the compensable injury and therefore were properly excluded from the claim.
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 the Workers’ Compensation Board of Review properly affirmed the denial of Trail's request to add back pain, lumbosacral radiculopathy, and lumbar disc displacement to his compensable claim.
2. Whether the Board of Review's decision clearly violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed