Diana Kitchen v. Mingo County Board of Education, 091319 WVSC, 18-0868

Docket Nº:18-0868
Party Name:DIANA KITCHEN, Claimant Below, Petitioner v. MINGO COUNTY BOARD OF EDUCATION, Employer Below, Respondent
Judge Panel:CONCURRED IN BY: Chief Justice Elizabeth D. Walker Justice Margaret L. Workman Justice Tim Armstead Justice Evan H. Jenkins Justice John A. Hutchison
Case Date:September 13, 2019
Court:Supreme Court of Appeals of West Virginia

DIANA KITCHEN, Claimant Below, Petitioner



No. 18-0868

Supreme Court of Appeals of West Virginia

September 13, 2019

(BOR Appeal No. 2052824) (Claim No. 2016030845)


Petitioner Diana Kitchen, by Anne L. Wandling, her attorney, appeals the decision of the West Virginia Workers' Compensation Board of Review. Mingo County Board of Education, by Jillian L. Moore, its attorney, filed a timely response.

The issue on appeal is compensability. The claims administrator rejected the claim on January 30, 2017. The Office of Judges affirmed the decision in its April 11, 2018, Order. The Order was affirmed by the Board of Review on September 26, 2018.

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.

Ms. Kitchen, a teacher, alleges that she developed carpal tunnel syndrome in the course of and resulting from her employment. An EMG taken on July 3, 2014, revealed carpal tunnel syndrome and ulnar nerve damage. The Employees' and Physicians' Report of Occupational Disease was completed on July 26, 2014, and states that Ms. Kitchen was a teacher for twenty-six years. She stated that her job required her to repeatedly lift, tug, and pull on objects. She had to type on a computer, make lesson plans, and respond to emails. She also had to staple papers and lift desks, books, copiers, and computers. Additionally, she logged in students for lunch. She stated that her hands and arms go numb and she drops objects. Abnu Nadar, M.D., completed the physician's section and diagnosed bilateral carpal and cubital tunnel syndromes.

An August 20, 2014, treatment note by Dr. Nadar indicates Ms. Kitchen...

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