Am. Med. Facilities Mgmt. v. Parsons

Decision Date23 April 2021
Docket NumberNo. 19-1174,19-1174
CourtWest Virginia Supreme Court
PartiesAMERICAN MEDICAL FACILITIES MANAGEMENT, Employer Below, Petitioner v. CAROL PARSONS, Claimant Below, Respondent

(Claim No. 2018026344)

MEMORANDUM DECISION

Petitioner American Medical Facilities Management, by Counsel James W. Heslep, appeals the decision of the West Virginia Workers' Compensation Board of Review ("Board of Review"). Carol Parsons, by Counsel Thomas D. Hall, filed a timely response.

The issue on appeal is compensability. The claims administrator rejected the claim on June 1, 2018. The Workers' Compensation Office of Judges ("Office of Judges") reversed the decision in its May 2, 2019, Order and held the claim compensable for head injury and abrasions to the left knee and left elbow. The Order was affirmed by the Board of Review on November 22, 2019.

The Court has carefully reviewed the records, written arguments, and appendices contained in the briefs, and the case is mature for consideration. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision is appropriate under Rule 21 of the Rules of Appellate Procedure.

The standard of review applicable to this Court's consideration of workers' compensation appeals has been set out under W. Va. Code § 23-5-15, in relevant part, as follows:

(b) In reviewing a decision of the board of review, the supreme court of appeals shall consider the record provided by the board and give deference to the board's findings, reasoning and conclusions[.]
. . . . (d) If the decision of the board effectively represents a reversal of a prior ruling of either the commission or the Office of Judges that was entered on the same issue in the same claim, the decision of the board may be reversed or modified by the Supreme Court of Appeals only if the decision is in clear violation of constitutional or statutory provisions, is clearly the result of erroneous conclusions of law, or is so clearly wrong based upon the evidentiary record that even when all inferences are resolved in favor of the board's findings, reasoning and conclusions, there is insufficient support to sustain the decision. The court may not conduct a de novo re-weighing of the evidentiary record. . . .

See Hammons v. West Virginia Off. of Ins. Comm'r, 235 W.Va. 577, 775 S.E.2d 458, 463-64 (2015). As we previously recognized in Justice v. West Virginia Office Insurance Commission, 230 W. Va. 80, 83, 736 S.E.2d 80, 83 (2012), we apply a de novo standard of review to questions of law arising in the context of decisions issued by the Board. See also Davies v. West Virginia Off. of Ins. Comm'r, 227 W. Va. 330, 334, 708 S.E.2d 524, 528 (2011).

Ms. Parsons, a nurse, was injured on May 29, 2018, when she fell while walking to lunch. She sought treatment immediately following the injury and was seen by Joseph Duvert, M.D. Dr. Duvert noted that Ms. Parsons presented to the emergency room after falling in the hospital tunnel an hour prior. Ms. Parsons was diagnosed with acute head injury and left knee and elbow abrasions. In the Emergency Department record, it was noted that Ms. Parsons reported that she fell in the hospital tunnel but was not sure how she fell. She stated that she did not trip on anything.

The Employees' and Physicians' Report of Injury was completed that day and stated that Ms. Parsons injured her head, left elbow, and left knee when she fell at work. She reported that she was walking through a tunnel, headed to lunch, when her feet "got stuck" and she fell to the ground. She was seen at Grafton City Hospital that day and diagnosed with a head injury and contusions of the left elbow and left knee. Ms. Parsons also completed an incident report that day in which she stated that she was injured while walking to lunch. Her feet "got stuck" and she fell to the ground. The Employer's Report of Injury indicates Ms. Parsons injured her head, left elbow, and left knee when she fell while walking to lunch. The employer stated that it had reason to question the injury.

On May 30, 2018, the employer completed an insurance company Employee Injury Report in which it was noted that Ms. Parsons reported that she was walking to lunch while talking to coworkers when her feet got stuck and she fell. The employer stated that it had reason to question the injury but did not elaborate. The claims administrator rejected the claim on June 1, 2018, stating that the injury did not occur in the scope of or resulting from Ms. Parsons's employment.

In a July 2, 2018, statement, Virginia Padgett, RN, stated that she responded to Ms. Parsons's fall. When she arrived on the scene, Ms. Parsons stated to Ms. Padgett that she stumbled and fell. Ms. Padgett stated that there was nothing on the tunnel floor. Ms....

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