Carter Messer v. Chesapeake Appalachia, LLC

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of authorization for left ankle injections requested by Carter Messer in a workers’ compensation claim. The court held that Messer failed to establish that the injections were medically related to and reasonably necessary for the compensable 2010 injury. Justice Margaret L. Workman dissented.

Holdings

1. The denial of authorization was proper because Messer failed to establish that the requested injections were medically related to and reasonably required for his compensable injury.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly based on erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred in affirming the denial of authorization for left ankle injections as treatment for Messer’s compensable workers’ compensation injury.
2. Whether Messer established that the requested injections were medically related to and reasonably required for the compensable injury.

Disposition

affirmed