Cecil E. Scott v. Mercer County Board of Education

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s decision denying the addition of right cubital tunnel syndrome and right carpal tunnel syndrome to Cecil E. Scott’s workers’ compensation claim and denying authorization for an EMG. The court concluded that the conditions were not shown to be causally related to the compensable shoulder injury and that diagnostic testing for those conditions was properly denied. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The diagnoses of right cubital tunnel syndrome and right carpal tunnel syndrome were properly denied as compensable conditions because the evidentiary record did not establish that they were causally related to the compensable shoulder injury.
2. Authorization for the EMG was properly denied because the testing was requested to evaluate the non-compensable cubital tunnel and carpal tunnel conditions.
3. The Board of Review's decision did not clearly violate a constitutional or statutory provision, result from an erroneous conclusion of law, or rely on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether right cubital tunnel syndrome and right carpal tunnel syndrome should be added as compensable conditions to the workers' compensation claim.
2. Whether authorization should be granted for an EMG or nerve-conduction study of the right upper extremity.

Disposition

affirmed