Ralph A. Crowe v. Magnum Coal Co.
Docket: 11-1022
Court: West Virginia Supreme Court; July 15, 2013; West Virginia; State Supreme Court
Original Court Document: View Document
Ralph A. Crowe appealed the West Virginia Workers’ Compensation Board of Review's decision, which upheld the Workers’ Compensation Office of Judges' findings regarding his claim for surgery following a workplace injury. Crowe, employed by Magnum Coal Company, sustained a compensable lumbosacral sprain on August 14, 2009, after slipping while working. Following the injury, he sought authorization for a left L5-S1 laminectomy and discectomy, which was denied by the claims administrator. The Office of Judges determined that the surgery was not compensable, concluding that it was related to Crowe's preexisting degenerative disc disease rather than the compensable injury. Multiple doctors corroborated the presence of chronic degenerative disc disease. However, Dr. Julian Chipley suggested that the herniation was due to a new injury, indicating a link to the compensable incident, although he acknowledged the degenerative condition existed prior. The Board of Review affirmed the Office of Judges' decision, which Crowe challenged. The Supreme Court of Appeals found that the Board had materially mischaracterized the evidentiary record. It concluded that the compensable injury directly necessitated the surgery, contrary to the Board's findings. As a result, the Supreme Court reversed the Board's decision and remanded the case to authorize the requested surgery. The ruling was issued on July 15, 2013, with a dissent from Justices Robin J. Davis and Allen H. Loughry II.