Christopher G. Miller v. Mine Battery Service, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed decisions denying the addition of intervertebral disc displacement, spondylosis, and myalgia to Christopher G. Miller’s workers’ compensation claim. The court also affirmed closure of temporary total disability benefits, concluding that Miller had reached maximum medical improvement and had been released to return to work.

Holdings

1. The evidence did not establish by a preponderance that Miller sustained displacement of intervertebral disc, spondylosis, or myalgia as a result of his employment; therefore, the conditions were properly excluded from the claim.
2. The closure of Miller’s claim for temporary total disability benefits was proper because the evidence established that he had reached maximum medical improvement and had been released to return to work.

Questions Presented

1. Whether displacement of intervertebral disc, spondylosis, and myalgia should be added as compensable conditions to Miller’s workers’ compensation claim.
2. Whether the claims administrator properly closed Miller’s claim for temporary total disability benefits.

Disposition

affirmed