Murray American Energy, Inc. v. Clark Gump

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision in a workers’ compensation claim arising from a lower-back injury. The court upheld recognition of acute left peroneal nerve neuropathy as a compensable condition, authorization for evaluation and treatment, and payment of temporary total disability benefits. The court issued the opinion as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The Board of Review did not err in affirming the addition of acute peroneal nerve neuropathy as a compensable component of the claim.
2. Authorization for evaluation and treatment with Dr. Hargraves was compensable because it was medically necessary and reasonably related to the compensable peroneal nerve condition.
3. The Board of Review did not err in affirming the award of temporary total disability benefits from the date of suspension through December 21, 2016, and continuing as substantiated by the evidence.

Questions Presented

1. Whether acute peroneal nerve neuropathy or palsy was a compensable component of Gump’s workers’ compensation claim.
2. Whether evaluation and treatment with Dr. Hargraves should be authorized as medically necessary treatment for the compensable condition.
3. Whether Gump was entitled to temporary total disability benefits after the claims administrator suspended and closed those benefits.

Disposition

affirmed