Total Distribution, Inc. v. Express Services, Inc. and Charles Plantz

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review's decision in a workers' compensation matter involving Charles Plantz's left shoulder injuries. The court upheld authorization for rotator cuff repair surgery under the April 17, 2017, claim and agreed that temporary total disability benefits were requested prematurely because Plantz had not missed work. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The rotator cuff tear was properly added to the April 17, 2017, compensable claim because the evidence showed no preexisting rotator cuff tear before that work-related event and showed a new tear afterward.
2. Authorization of left shoulder rotator cuff repair surgery was proper because the rotator cuff tear was properly included in the April 17, 2017, claim and the surgery was medically related and reasonably required.
3. Temporary total disability benefits were properly denied as premature because Plantz had not missed any work and therefore had not established that he was unable to work as a result of the compensable injury.

Questions Presented

1. Whether a left shoulder rotator cuff tear should be added to Plantz’s April 17, 2017, workers’ compensation claim and whether rotator cuff repair surgery should be authorized.
2. Whether Plantz was entitled to temporary total disability benefits when he had returned to work and had not missed any work because of the compensable injury.
3. Whether the Board of Review’s decision was clearly wrong, legally erroneous, or in violation of a constitutional or statutory provision under the applicable standard of review.

Disposition

affirmed