Delores J. Stover v. Charleston Area Medical Center

No. 16-1195 (BOR Appeal No. 2051335) (Claim No. 2015004782) · Supreme Court of Appeals of West Virginia · September 15, 2017 · No. No. 16-1195 (BOR Appeal No. 2051335) (Claim No. 2015004782)

Summary

The Supreme Court of Appeals of West Virginia reviewed the denial of Delores J. Stover’s workers’ compensation claim for bilateral carpal tunnel syndrome. The court held that the condition was not sufficiently related to her employment duties and was instead attributable to pre-existing personal risk factors, including diabetes and obesity. The court affirmed the West Virginia Workers’ Compensation Board of Review’s decision.

Holdings

  1. Stover's bilateral carpal tunnel syndrome was not shown to have arisen in the course of and resulted from her employment; the denial of the claim was affirmed.
  2. The Board of Review's decision was not clearly contrary to a constitutional or statutory provision, based on an erroneous conclusion of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

  1. Whether Stover's bilateral carpal tunnel syndrome arose in the course of and resulted from her employment for purposes of workers' compensation coverage.
  2. Whether the Board of Review's affirmance of the claim denial 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

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Court Document

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