Summary
The West Virginia Supreme Court of Appeals affirmed a decision holding compensable a physical therapy assistant's left humerus fracture sustained when she fell outside the employer's main medical center building. The court concluded that the injury occurred on the employer's premises and that factors including a paid lunch period, an employer-encouraged book fair, and customary employee errands supported finding that the injury occurred in the course of and resulted from employment.
Topics
Practice areas
Questions Presented
- Whether Powelson's left humerus fracture arose out of and in the course of her employment when she fell on the employer's premises while going to an employee-encouraged book fair and to lunch.
- Whether the Board of Review's decision affirming compensability was clearly erroneous, legally incorrect, or based on a material misstatement or mischaracterization of the evidentiary record.
Holdings
- Powelson's left humerus fracture was compensable because she was injured on the employer's premises while engaged in activities that, under the circumstances, were connected to or benefited her employment.
- 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.
Key quotations
“For the foregoing reasons, we find that the decision of the Board of Review is not in clear violation of any constitutional or statutory provision, nor is it clearly the result of erroneous conclusions of law, nor is it based upon a material misstatement or mischaracterization of the evidentiary record.” (at 3)
Factual background
Patricia P. Powelson, a physical therapy assistant, worked at Weirton Medical Center's outpatient rehabilitation clinic across the street from the main hospital building. On October 27, 2015, she tripped on a curb outside the main hospital while going to an employee-encouraged book fair and intending to eat lunch in the hospital cafeteria, sustaining a fractured left humerus. The evidence showed that she received a paid lunch period, employees were encouraged to attend the book fair, and employees commonly transported items between the clinic and the main hospital.
Procedural history
The claims administrator rejected the claim on October 30, 2015, concluding that Powelson was not performing a function of her employment when she fell. The Office of Judges reversed and held the claim compensable on March 25, 2016. The Board of Review affirmed on August 31, 2016, and the Supreme Court of Appeals affirmed the Board's decision.