Kirkbride v. Mountaineer Park, Inc., 091319 WVSC, 18-0766

Docket Nº:18-0766
Party Name:CATHY KIRKBRIDE, Claimant Below, Petitioner v. MOUNTAINEER PARK, INC., 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

CATHY KIRKBRIDE, Claimant Below, Petitioner


MOUNTAINEER PARK, INC., Employer Below, Respondent

No. 18-0766

Supreme Court of Appeals of West Virginia

September 13, 2019

(BOR Appeal No. 2052774) (Claim No. 2018009989)


Petitioner Cathy Kirkbride, pro se, appeals the decision of the West Virginia Workers' Compensation Board of Review. Mountaineer Park, Inc., by Jane Ann Pancake, its attorney, filed a timely response.

The issue on appeal is compensability. The claims administrator rejected the claim on August 23, 2017. The Office of Judges affirmed the decision in its March 13, 2018, Order. The Order was affirmed by the Board of Review on June 29, 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. Kirkbride, a card dealer, alleges that she developed allergies and asthma due to her work environment. An allergy test was performed on June 29, 2017, and was negative for everything but German cockroach, which showed a low reaction. A. T. Tamboli, M.D., completed an FMLA report on July 29, 2017, stating that Ms. Kirkbride had a chronic health condition, which continues for an extended period of time, that requires periodic treatment and may cause flare-ups. Leave was requested from September 21, 2017, to October 31, 2017. It was noted that Ms. Kirkbride experienced an exacerbation of her symptoms while at work. He listed the diagnoses as asthma, urticaria, allergen, cyanitis, and allergic conjunctivitis.

An Occupational Accident/Injury Report was completed on August 2, 2017. It states that Ms. Kirkbride was working in her assigned area and that her face was swollen, her eyes and mouth were itchy, and she had a rash on her face...

To continue reading