Chad S. Thompson v. Huntington Alloys Corp.

Citation: Not availableDocket: 16-0809

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

Original Court Document: View Document

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Chad S. Thompson, the petitioner, appeals a decision from the West Virginia Workers’ Compensation Board of Review regarding the closure of his claim for temporary total disability benefits, which was finalized on August 27, 2014. The claim was initially deemed compensable for lumbar sprain following Thompson's injury on April 8, 2014. He reported back and leg pain after bending to open a valve and was diagnosed with a sprain in the lumbosacral area and lumbar radiculitis.

Thompson received temporary total disability benefits from April 25, 2014, to May 12, 2014, and underwent various treatments, including chiropractic sessions and physical therapy. He was released to modified duty with restrictions on lifting and bending but continued to experience difficulties, leading to further consultations and treatments, including lumbar spine injections. 

An independent medical evaluation on June 3, 2014, by Dr. Michael Condaras indicated that Thompson could achieve maximum medical improvement with two more weeks of physical therapy but would need to adhere to light-duty work restrictions. The case was reviewed by the Office of Judges and the Board of Review, both of which upheld the claims administrator's decision to close the claim, finding no substantial legal questions or prejudicial errors in the process. The Court concluded that oral arguments were unnecessary and affirmed the prior decisions based on the briefs and records presented.

Mr. Thompson was assessed with a 6% impairment under West Virginia Code of State Rules 85-20-C (2006) following a lumbar sprain diagnosis by Dr. Young on June 10, 2014, after which he underwent physical therapy. An MRI on April 23, 2014, revealed a disc injury at L4-5, and subsequent treatment notes indicated he was being treated for a lumbar bulging disc, with a report of 50% improvement by July 3, 2014. The claims administrator denied Dr. Young’s request for additional steroid injections on July 22, 2014, asserting Mr. Thompson had reached maximum medical improvement by June 30, 2014, and citing minimal degenerative changes in the MRI. West Virginia Code 85-20-37.6 (2006) required reevaluation for strains/sprains exceeding eight weeks of treatment, which was not provided. A permanent partial disability award of 6% was granted on July 24, 2014, and temporary total disability benefits were closed on August 27, 2014.

In October 2014, Dr. Young noted ongoing pain despite treatment and referred Mr. Thompson to neurosurgery. A December 16, 2014, evaluation by Dr. DeLapa indicated lumbar spondylosis and recommended diagnostic block injections. Mr. Thompson testified that he missed work beginning April 26, 2014, and while he initially improved, his condition worsened. He returned to modified duty on July 9, 2014, and resumed full-time work on February 9, 2015, noting improvements since his temporary total disability benefits ceased.

The Office of Judges affirmed the claims administrator's decision to close the temporary total disability benefits on January 21, 2016, supporting that Mr. Thompson had been evaluated by Dr. Condaras, who confirmed he had a lumbar sprain and projected he would reach maximum medical improvement shortly after additional physical therapy. Mr. Thompson was granted a permanent partial disability award on July 24, 2015, and the findings of the Office of Judges were upheld by the Board of Review on August 2, 2016. The decision concluded that Mr. Thompson had reached maximum medical improvement, was released to return to work, and did return, justifying the closure of temporary total disability benefits. The Board of Review's decision was affirmed, with no constitutional or statutory violations identified.