United Parcel Service, Inc. v. Greg Barker

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s decision remanding a workers’ compensation claim for further development of the evidence concerning right cubital tunnel syndrome and authorization for right ulnar nerve transposition surgery. The court held that the claim application and treating physician’s request were necessary to permit a fully informed determination of compensability and medical treatment. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The Board of Review properly remanded the claim because the claim application and the treating physician's written request for surgery were necessary for a fully informed determination of compensability and medical-treatment authorization.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, clearly the result of an erroneous conclusion of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Workers’ Compensation Board of Review properly remanded the claim for further evidentiary development concerning the compensability of right cubital tunnel syndrome and the reasonableness and necessity of right ulnar nerve transposition surgery.
2. Whether the Board of Review's decision was in clear violation of a constitutional or statutory provision, clearly the result of an erroneous conclusion of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed