CHARLESTON — The West Virginia Supreme Court of Appeals ruled a lower court rightfully found in favor of the Monongalia County Board of Education in a workers' compensation case.
Richard D. Sanders was injured at work on Feb. 5, 2018, and underwent a total right knee replacement, according to a decision with the West Virginia Supreme Court.
Sanders sought treatment from his physician in 2018 after he slipped at work several days prior and injured his right knee.
The claim was held compensable for right quadriceps strain on Feb. 16, 2018, and in a March 29, 2018, treatment note, Dr. Post stated that though Sanders had some osteoarthritis prior to the compensable injury, he had no symptoms immediately prior to the injury.
On May 2, 2018, it was noted that Sanders recently underwent an MRI which showed joint effusion, a lateral meniscus tear and degenerative arthrosis. Post recommended surgery and opined that though Sanders had osteoarthritis, he was doing fine prior to the injury.
The claims administrator authorized arthroscopic right knee lateral meniscus surgery on May 10, 2018, and Post performed the surgery on June 1, 2018. On July 5, 2018, Sanders reported that he still had pain and swelling but had seen some improvement and on Aug. 6, 2018, Sanders was still having some pain and swelling but had seen more improvement.
"After review, we agree with the reasoning and conclusions of the Office of Judges as affirmed by the Board of Review," the Supreme Court ruled. "Pursuant to West Virginia Code § 23-4-1(a) workers’ compensation benefits shall be provided to those employees who have received personal injuries in the course of and as a result of their covered employment."
The objective medical evidence shows that Sanders had moderate to severe arthritis prior to the compensable injury. As one doctor stated, the total right knee replacement was performed to treat severe arthritis, a non-compensable condition, according to the decision.
West Virginia Supreme Court of Appeals case number: 20-0419
