CHARLESTON — The Intermediate Court of Appeals ruled that a man's cervical facet injections claim was rightfully denied.
James Burgoyne injured his neck and shoulders on April 29, 2020, while driving a dump truck on company property, according to a Jan. 10 decision by the Intermediate Court of Appeals of West Virginia.
"Heavy rainfall had caused a large pothole to develop on the road," the decision says. "The truck hit the hole which caused the truck to jerk Mr. Burgoyne’s body violently, causing him immediate pain. Mr. Burgoyne reported the incident to his foreman, discussed it with the dozer operator at the scene, completed an accident report, and went home to recuperate."
Burgoyne later testified that he believed he had a whiplash-type injury that would resolve on its own and he continued to work for the next four months before he finally sought medical care for his unresolved symptoms.
Burgoyne went to MedExpress on Aug. 31, 2020, and reported that he had a work-related injury on April 29, 2020, and he was diagnosed with a shoulder sprain and cervical sprain as the result of an occupational injury.
X-rays taken on Sept. 25, 2020, revealed mild multilevel degenerative changes in the cervical spine without evidence of an acute bony abnormality and Burgoyne then underwent a cervical MRI on Nov. 10, 2020, which showed spondylotic changes.
Burgoyne had noted the compensable injuries aggravated a previous shoulder injury and his physician suggested cervical facet injections to help this, but the claims administrator denied the injections because they were for the pre-existing conditions. Burgoyne protested this decision.
The Office of Judges affirmed the claims administrator's decision and Burgoyne then appealed to the intermediate appellate court.
"We find no reversible error in the OOJ’s analysis or decision," the court found. "Mr. Burgoyne has failed to prove that the cervical facet joint injections are a reasonable and necessary medical treatment for his compensable cervical sprain injury."
Intermediate Court of Appeals of West Virginia case number: 22-ICA-63