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Steve Dolin v. Ramsey Tire, Inc.
Citation: Not availableDocket: 17-0594
Court: West Virginia Supreme Court; May 7, 2018; West Virginia; State Supreme Court
Original Court Document: View Document
Steve Dolin appeals the West Virginia Workers’ Compensation Board of Review's decision regarding the termination of his temporary total disability benefits and the denial of medical treatment. The claims administrator closed his temporary total disability benefits on July 12, 2016, denied authorization for a spinal cord stimulator on July 28, 2016, and issued a second closure on September 22, 2016. The Office of Judges affirmed these decisions in December 2016 and January 2017, and the Board of Review upheld them on June 5, 2017. The Court reviewed the records and determined there were no substantial legal questions or prejudicial errors. Dolin, a tire technician, sustained injuries while stacking tires on October 9, 2014, leading to a diagnosis of lumbar and thoracic back sprains after emergency room treatment. Initial x-rays showed minimal degenerative changes, while an MRI revealed a disc herniation and bulges. Despite ongoing pain and previous treatments, including epidural steroid injections, Dolin was advised against surgery. A spinal cord stimulator was recommended by Dr. Thymius, who also suggested further surgical options. In May 2016, the Office of Judges added conditions related to neuritis, radiculitis, and intervertebral disc displacement as compensable components of Dolin’s claim. Dr. Mukkamala conducted an independent evaluation in June 2016, where Dolin reported pain radiating into both lower extremities. Dr. Mukkamala assessed Mr. Dolin and concluded he was not a candidate for a spinal cord stimulator due to his predominant axial back pain, significant symptom magnification, and ineffective epidural steroid injections. He determined that Mr. Dolin had reached maximum medical improvement. Consequently, the claims administrator closed the claim for temporary total disability benefits on July 12, 2016, and denied a subsequent request for a spinal cord stimulator on July 28, 2016. A second closure of the disability claim occurred on September 22, 2016, due to a lack of evidence supporting ongoing disability. Dr. Bobby Miller conducted an independent evaluation on September 15, 2016, diagnosing Mr. Dolin with Undifferentiated Somatoform Disorder and also deeming him an unsuitable candidate for the spinal cord stimulator. Dr. Miller noted signs of potential substance abuse and symptom magnification, concluding that Mr. Dolin would likely not benefit from the procedure. The Office of Judges upheld the claims administrator’s decisions on December 16, 2016, and January 31, 2017, affirming both the closure of temporary total disability benefits and the denial of the spinal cord stimulator. They noted the recommendations from Drs. Knapp and Walker and emphasized the findings from Drs. Mukkamala and Miller. The Office of Judges confirmed that Mr. Dolin had not provided new evidence to contest the September 22 closure. The Board of Review adopted these findings and affirmed the earlier decisions on June 5, 2017, concluding that there was no violation of constitutional or statutory provisions, nor erroneous legal conclusions. The Board of Review's decision was thus affirmed on May 7, 2018.