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Judith B. Lund v. B.E. Aerospace, Inc.
Citation: Not availableDocket: 15-1172
Court: West Virginia Supreme Court; November 28, 2016; West Virginia; State Supreme Court
Original Court Document: View Document
Judith B. Lund appeals a decision from the West Virginia Workers’ Compensation Board of Review, which upheld the Office of Judges' prior ruling denying her request for temporary total disability benefits. The appeal stems from an injury Lund sustained on April 22, 2013, while working at B.E. Aerospace, Inc., where she reported a right knee contusion and sprain. Initially, her claim was denied but was later deemed compensable on a no-lost-time basis. Despite medical evaluations indicating a deterioration of her knee condition, including a diagnosis of chronic knee pain and recommendations for MRI, Lund's request to reopen her claim for temporary total disability benefits was denied by the claims administrator. An MRI revealed minimal joint issues but no significant injuries. During a deposition, Lund acknowledged ongoing knee pain and her inability to find light duty work post-release, while she received unemployment benefits. Ultimately, the Office of Judges concluded that her claim for temporary total disability benefits was not warranted, a decision that the Supreme Court of Appeals found to have no substantial legal questions or prejudicial errors, thus affirming the denial. The Office of Judges found no anatomical basis for Ms. Lund’s chronic knee pain, referencing an unremarkable x-ray from April 29, 2014, and an MRI from May 22, 2014, which showed minimal joint effusion, patellar cartilage attenuation, and a small Baker’s cyst. Diagnostic tests did not reveal any ligamentous tears, with cruciate ligaments and menisci intact. In her application to reopen the claim for temporary total disability benefits, Ms. Lund’s medical provider cited chronic knee pain, burning sensations, and swelling as justifications. However, the Office of Judges determined that chronic knee pain was not a compensable diagnosis under her claim and could not be linked to her compensable injury. Consequently, they denied her request for additional benefits. The Board of Review agreed with this conclusion, stating that Ms. Lund failed to provide sufficient evidence connecting her knee contusion to her chronic issues or her inability to work. The decision of the Board of Review was affirmed, as it did not violate any constitutional or statutory provisions, nor was it based on erroneous legal conclusions or misstatements of the evidentiary record. The affirmation was issued on November 29, 2016, with concurrence from Chief Justice Ketchum and other justices.