Christina Wolfgang v. W. Va. Office of Insurance Commissioner/Softec Solutions (Memorandum Decision)
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STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS FILED November 2, 2011 CHRISTINA WOLFGANG, Petitioner vs.) RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 101140 (BOR Appeal No. 2044316) (Claim No. 2010116179) WEST VIRGINIA OFFICE OF INSURANCE COMMISSIONER and SOFTEC SOLUTIONS, INC., Respondent MEMORANDUM DECISION This appeal arises from the West Virginia Workers Compensation Board of Review Final Order dated September 2, 2010, in which the Board affirmed a March 18, 2010, Order of the Workers Compensation Office of Judges. In its Order, the Office of Judges affirmed the claims administrator s denial of compensability for carpel tunnel syndrome. The appeal was timely filed by the petitioner and a response was filed by Softec Solutions, Inc. The Court has carefully reviewed the records, written arguments, and appendices contained in the petition, and the case is mature for consideration. Pursuant to Rule 1(d) of the Revised Rules of Appellate Procedure, this Court is of the opinion that this matter is appropriate for consideration under the Revised Rules. Having considered the petition, response, and the relevant decision of the lower tribunal, the Court is of the opinion that the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the Court determines that there is no prejudicial error. This case does not present a new or significant question of law. For these reasons, a memorandum decision is appropriate under Rule 21 of the Revised Rules of Appellate Procedure. Ms. Wolfgang asserts her carpel tunnel syndrome is work-related and compensable. In support, Ms. Wolfgang presented the written report of Dr. Ryu Jaiyoung opining the carpel tunnel syndrome is work-related. Softec Solutions asserts Ms. Wolfgang s medical evidence does not establish a causal connection between the carpel tunnel syndrome and Ms. Wolfgang s work activities. In its Order denying compensability the Office of Judges found Ms. Wolfgang s carpel tunnel syndrome is not work-related. It further noted there are no nerve conduction studies of record and Ms. Wolfgang s medical evidence fails to establish a causal connection between the carpel tunnel syndrome and her work activities. (March 18, 2010, Office of Judges Order, p. 5). It further held that studies have failed to establish a causal relationship between normal clerical activities and carpel tunnel syndrome. Id. Additionally, it held Ms. Wolfgang s testimony related to her symptoms and work activities was insufficient to establish the carpel tunnel syndrome is work-related. Id. The Office of Judges, too, found no basis for compensability for carpel tunnel syndrome or for disputing the Claims Administrator s findings. The Board of Review reached the same reasonable conclusion in affirming the Office of Judges in its decision of September 2, 2010. For the foregoing reasons, we find that the decision of the Board of Review is not in clear violation of constitutional or statutory provision, clearly the result of erroneous conclusions of law, or is based upon the Board's material misstatement or mischaracterization of particular components of the evidentiary record. Therefore, the denial of compensability for carpel tunnel syndrome is affirmed. Affirmed. ISSUED: November 2, 2011 CONCURRED IN BY: Chief Justice Margaret L. Workman Justice Robin J. Davis Justice Brent D. Benjamin Justice Menis E. Ketchum Justice Thomas E. McHugh
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