Arch Coal v. Jimmie Lemon

Citation: Not availableDocket: 17-0152

Court: West Virginia Supreme Court; December 18, 2017; West Virginia; State Supreme Court

Original Court Document: View Document

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Jimmie Lemon, a laborer, claims he sustained a back injury while operating equipment that hit a hole, leading to jostling. The West Virginia Supreme Court of Appeals reviewed the case to determine if the injury was compensable under West Virginia Code 23-4-1 (2008), which states that an injury must be a personal injury occurring in the course of employment to be compensable. The Court concluded that Mr. Lemon's injury was not compensable.

The review highlighted that the Board of Review's decision was flawed due to misstatements or mischaracterizations of the evidentiary record. Mr. Lemon has a history of back issues, including a work-related injury in 2002 and another in 2008, with diagnoses including lumbosacral sprain and potential herniated discs. A 2016 MRI revealed a right disc herniation at L4-5, among other conditions.

Statements from mine officials indicated Mr. Lemon arrived at work with a modified duty slip, complaining of back pain and stating he was unsure how his condition arose. He did not report an injury at work initially, nor did he fill out an accident report until a week later, attributing his condition to an MRI that revealed a bulged disc and pinched nerve. The Court deemed oral arguments unnecessary, finding the case suitable for a memorandum decision rather than a full opinion.

Mr. Lemon reported experiencing back pain attributed to wear and tear from his work, but he did not specify a date for the onset of his symptoms. Donnie Crum, the assistant general mine foreman, observed that Mr. Lemon consistently moved as if in pain but claimed he was fine, linking his discomfort to a previous injury. Shortly before the reported injury, Mr. Lemon again assured Mr. Crum that he had not hurt his back at work. A few days later, Mr. Lemon requested to fill out an accident report, stating he could not pinpoint a specific injury date but believed the pain stemmed from his work activities. He recalled an incident operating a shuttle car that exacerbated his condition, leading him to seek workers’ compensation after an MRI revealed bulging discs.

Dr. John Orphanos treated Mr. Lemon for low back and leg pain, diagnosing intervertebral disc disorders with radiculopathy, attributing the injury to operating equipment and bouncing in his seat. The Employer’s Report indicated the injury was reported a week after it allegedly occurred, with Arch Coal, Inc. expressing suspicion about the claim due to a prior injury. Mr. Lemon claimed to have injured his back while running equipment over rough terrain. However, subsequent medical evaluations, including one by Dr. David Soulsby, determined that Mr. Lemon’s condition was chronic and likely pre-existing, with no evidence of a significant work-related injury. Dr. Soulsby suggested that any exacerbation of symptoms was minor and linked to Mr. Lemon's long-standing degenerative disc disease.

During a hearing, Mr. Lemon recounted that he felt pain after hitting a bump while operating equipment and communicated his intent to leave early due to pain. His wife corroborated that he returned home three hours earlier than usual that night, visibly in pain.

Jonathan Luchs, M.D. reported that an MRI from April 2016 showed relative stability compared to an MRI from March 2009, with the exception of chronic disc herniation at L4-5 and progression of degenerative disc disease. His aging analysis confirmed chronic degenerative changes including disc bulging and facet arthropathy. Despite the claims administrator rejecting Mr. Lemon's claim for a herniated disc, the Office of Judges reversed this decision, finding sufficient evidence of a work-related injury causing the herniated disc. Mr. Lemon testified that his injury occurred while operating equipment, corroborated by his early departure from work on the injury date. The Office of Judges noted a lack of contradictory evidence and concluded the injury was compensable. However, Arch Coal, LLC contested this, arguing Mr. Lemon had preexisting back issues. They cited that prior MRI results showed no herniation, while a later MRI indicated one. The court found that the Board of Review's decision was based on misstatements and mischaracterizations, highlighting Mr. Lemon's inability to explain his injury and prior disc bulge evidence. Dr. Soulsby's assessment indicated no significant new injury, attributing Mr. Lemon's symptoms to preexisting conditions. Ultimately, the court reversed the Board's decision and instructed reinstatement of the claims administrator's rejection of the claim. The ruling was issued on December 19, 2017, with dissent from two justices.