Bonnie S. Pishner v. West Virginia Department of Health & Human Resources

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s denial of Bonnie S. Pishner’s workers’ compensation claim for carpal tunnel syndrome. The court agreed that the evidence supported the conclusion that her hand symptoms resulted from osteoarthritis rather than an occupationally caused condition and that her clerical work did not present a high occupational risk for carpal tunnel syndrome.

Holdings

1. The Board of Review’s decision rejecting Pishner’s claim 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 clearly erred in affirming the rejection of Pishner’s claim for occupational carpal tunnel syndrome.
2. Whether the evidentiary record supported the conclusion that Pishner’s symptoms resulted from osteoarthritis rather than a compensable occupational carpal tunnel syndrome.

Disposition

affirmed