Veronica Myles v. West Virginia United Health System

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review’s denial of Veronica Myles’s request to reopen her workers’ compensation claim for additional permanent partial disability benefits. The court held that the evidence did not establish a prima facie cause for reopening because the cervical-spine issues identified by a later medical evaluation were not new facts and did not support impairment beyond the previously awarded 3%. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Myles failed to satisfy the reopening standard because she did not present previously unconsidered facts establishing prima facie cause for progression or aggravation of the compensable injury or impairment beyond her existing 3% award.
2. The Board of Review did not clearly err in reversing the Office of Judges, and its decision was affirmed.

Questions Presented

1. Whether Myles established prima facie cause and disclosed previously unconsidered facts sufficient to reopen her workers’ compensation claim for additional permanent partial disability benefits.
2. Whether the Board of Review clearly erred in reversing the Office of Judges’ order reopening the claim.

Disposition

affirmed