CHARLESTON — The West Virginia Supreme Court of Appeals issued a ruling, agreeing with the West Virginia Office of Judges in an appeal of a workers' compensation claim.
HealthSouth Corporation appealed the decision of the West Virginia Workers’ Compensation Board of Review involving Pamela J. Cramer and compensability.
Cramer, an environmental service aide alleged she was injured during the course of her employment on Nov. 23, 2017, and filed a claim for workers' compensation benefits. The claims administrator rejected the claim on Dec. 14, 2017. The Office of Judges reversed the decision the following March, holding that the claim was compensable for lumbosacral ligament sprain. The Workers' Compensation Board of Review affirmed the order on Aug. 17, 2018, which HealthSouth then appealed.
"The Court has carefully reviewed the records, written arguments, and appendices contained in the briefs, and the case is mature for consideration," the Supreme Court decision states. "The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument."
In Cramer's injury report, she indicates she injured her left lower back and hip while emptying trash from a patient’s bathroom. The physician’s section was completed at West Virginia University (WVU) Urgent Care and indicates she sustained an injury that aggravated a prior injury/disease.
Cramer sought treatment from Dr. Sara Farjo and was diagnosed with sciatica, sacroiliac joint dysfunction or piriformis syndrome. She referred Cramer for an orthopedic evaluation and she then saw Dr. Anna Allen, who indicated Cramer reported a history of occasional lower back pain on the left side for the past two years.
Cramer returned to work on Jan. 4, 2018, and worked on modified duty and full time. She testified that she still has occasional left leg pain and numbness and also admitted she had one back injury prior to the compensable injury at issue but had not sought treatment for that issue, which was two and one-half years prior the compensable injury, according to the decision.
"After review, we agree with the reasoning and conclusions of the Office of Judges as affirmed by the Board of Review," the Supreme Court decision stated.
The Supreme Court ruled that the Board of Review was not in clear violation of any constitutional or statutory provisions, nor was it clearly the result of erroneous conclusions of law, nor was it based upon a material misstatement or mischaracterization of the evidentiary record.
West Virginia Supreme Court of Appeals Case number 18-0801
