CHARLESTON — The West Virginia Supreme Court of Appeals sided with the workers' compensation board of review in an appeal involving a former West Virginia United Health System employee who sought to receive permanent partial disability and was denied.
Veronica Myles sought to have her workers' compensation claim reopened on a permanent partial disability basis, but the claims administrator denied reopening the claim, according to the Nov. 1 memorandum decision.
the claims administrator denied the reopening of the claim in July 2016 and the Workers' Compensation Office of Judges reversed the claims administrator’s decision and reopened the claim on a permanent partial disability basis in May 2018.
The Board of Review then reversed and vacated the decision of the Office of Judges in September 2018.
"The Board of Review determined that Ms. Myles is not entitled to reopening of her claim on a permanent partial disability basis," the decision stated. "The Court has carefully reviewed the records, written arguments, and appendices contained in the briefs, and the case is mature for consideration."
Myles sustained a work injury in January 2009 when she was struck in the face with a telemetry unit by a patient and the injury caused her to develop headaches. She was awarded a 3 percent partial disability award in 2011.
Myles requested to reopen her claim for permanent partial disability benefits in April 2016 and the claims administrator denied the request in July 2016.
The Office of Judges reversed the claims administrator’s denial of the request to reopen the claim on a permanent partial disability basis and West Virginia United Health System protested the decision.
The Board of Review reversed and vacated the order in May 2018, finding that the Office of Judges' analysis and conclusions to be clearly wrong in light of the reliable, probative and substantial evidence on the whole record.
"After review, we agree with the decision of the Board of Review," the decision states.
The Board of Review did not err in reversing the May 2018 decision of the Office of Judges because there is no evidence of record supporting additional impairment above the 3 percent permanent partial disability award already granted in the claim, according to the decision.
West Virginia Supreme Court of Appeals Case number: 18-0947