Annetta S. Russell v. B.E. Aerospace, Inc.

Citation: Not availableDocket: 16-0194

Court: West Virginia Supreme Court; March 2, 2017; West Virginia; State Supreme Court

Original Court Document: View Document

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Annetta S. Russell, represented by attorney Linda Garrett, filed an appeal against the decision of the West Virginia Workers’ Compensation Board of Review concerning her claim for temporary total disability benefits. The appeal stems from a Final Order dated February 3, 2016, which upheld a prior ruling from August 7, 2015, by the Workers’ Compensation Office of Judges. This earlier decision affirmed the claims administrator's denial of additional temporary total disability benefits for the period of July 27, 2013, to February 4, 2014.

Russell, who sustained a back injury on December 6, 2012, while working as a buffer, was compensated for her injury, which was identified as a recessed disc at L4-L5 and radiculopathy. She received temporary total disability benefits from December 7, 2012, through July 26, 2013. However, her request to reopen the claim for continued benefits for the specified period was denied.

Russell has a documented history of lumbar spine issues, including bulging discs and degenerative disc disease dating back to 1997. Following her work-related fall, she was diagnosed with sciatica shortly thereafter and had x-rays revealing degenerative changes in her spine. Dr. David Weinsweig assessed her condition in April 2013, diagnosing spondylolisthesis and lumbar stenosis, while stating that her chronic pain was aggravated by the December 2012 fall.

Her family physician, Dr. Jeff Rodebaugh, treated her for chronic back pain and L4-L5 nerve impingement and provided her with a work excuse for two months due to the lack of available light duty work. He referred her back to Dr. Weinsweig in December 2013, continuing to note her chronic conditions without explicitly stating her inability to work during the requested benefit period. An Age of Injury Analysis and MRI comparison was conducted by Dr. Kenneth Fortgang on December 31, 2013. 

The Court found no significant legal questions or errors in the Board of Review’s decision, allowing for a memorandum decision under Rule 21 of the Appellate Procedure.

Disc abnormalities and chronic spinal stenosis, not attributed to an injury, were observed in MRI reports from July 2007. A medical review by Dr. Marsha Bailey in January 2014 indicated that Ms. Russell's ongoing back issues stemmed solely from her degenerative spine condition. Dr. Weinsweig performed surgeries on May 22, 2014, diagnosing lumbar stenosis and spondylolisthesis. By July 1, 2014, his updated diagnosis included congenital spondylolisthesis and other spinal issues. Dr. Prasadarao Mukkamala's review in July 2015 diagnosed chronic back pain from degenerative spondyloarthropathy and concluded that Ms. Russell was not temporarily totally disabled between July 27, 2013, and February 4, 2014. Her claim for temporary total disability benefits for this period was denied by the claims administrator on April 16, 2015, due to insufficient medical documentation. The Office of Judges upheld this denial on August 7, 2015, stating that Ms. Russell's compensable condition was a recessed disc at L4-L5 and that Dr. Rodebaugh did not indicate she needed to be off work for compensable conditions. It was determined that the surgery performed was for non-compensable conditions. The Board of Review affirmed the Office of Judges' decision on February 3, 2016. Upon review, it was concluded that the Board's decision was not in violation of any legal provisions, nor based on erroneous conclusions or mischaracterizations of the evidence. Ms. Russell's subsequent requests for additional temporary total disability benefits were not addressed as they were outside the scope of the appeal.