The West Virginia Supreme Court of Appeals issued a 6-0 Memorandum Decision affirming the Workers' Compensation Board of Review's February 21, 2020 order that affirmed the closing of the claim for TTD benefits, denying an L4-5 and L5-S1 lumbar fusion surgery, and denying the addition of multiple secondary compensable conditions. Spilman argued on behalf of our hospital client that the claimant had not presented evidence that the complaints were related to the compensable lumbar sprain injury. The Court found the requested additional conditions were the result of claimants three prior lumbar spine surgeries and degenerative changes that began long before the compensable injury occurred. The Court found the requested lumbar fusion surgery treated the preexisting conditions and the claim was properly closed for TTD because the claimant reached maximum medical improvement for her compensable lumbar sprain.

Disclaimer