Elaine Squire v. Augmentation, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of a request to add left shoulder impingement as a compensable component of Elaine Squire's workers' compensation claim. The court concluded that Squire failed to establish that the shoulder condition was causally related to her 2011 work injury, particularly because symptoms appeared months later and medical opinions did not attribute the condition to the injury. The court issued the decision as a memorandum decision under Rule 21.

Holdings

1. Squire failed to establish that her left shoulder impingement was causally related to the work injury, so the condition was properly denied as a compensable component of the claim.
2. The Board of Review's decision was not in clear violation of a constitutional or statutory provision, clearly the result of erroneous conclusions of law, or based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether left shoulder impingement should be added as a compensable component of Squire's workers’ compensation claim.
2. Whether the Workers’ Compensation Board of Review erred in affirming the denial of compensability for the additional diagnosis.

Disposition

affirmed