Asplundh Tree Expert Company v. Itali Wolfe
20-0408
| W. Va. | Sep 22, 2021Background
- Claimant Itali Wolfe, a groundman, slipped while climbing out of a truck on December 6, 2017, and was diagnosed same day by CT with right L1 and L2 transverse process fractures.
- Wolfe completed a workplace Report of Injury and sought immediate hospital treatment; the claims administrator denied the claim on January 23, 2018.
- Employer witnesses provided conflicting accounts: some said Wolfe fell from a low (~4-inch) step, initially reported a home injury or wrist pain, and texted her foreman she was hurt at home.
- Wolfe submitted an affidavit and deposition maintaining she was injured at work, alleging she was told by a supervisor to say she was injured at home for fear of losing her job; medical records corroborate fractured transverse processes.
- The Office of Judges reversed the denial and found the claim compensable for transverse process fractures at L1 and L2 (Jan. 16, 2020); the Board of Review affirmed (May 21, 2020), and the Supreme Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compensability: Did injury arise in course of employment? | Wolfe: she fell from truck at work, reported injury, and medical diagnosis shows fractures consistent with the fall. | Employer: witnesses say she fell from a low step, initially reported a home injury, and gave inconsistent statements; argues injury not work-related. | Held compensable: Office of Judges and Board found Wolfe credible and medical evidence supports work injury; Supreme Court affirmed. |
| Weight/credibility of evidence | Wolfe: consistent statements and contemporaneous Report of Injury support credibility. | Employer: offered affidavits/deposition suggesting inconsistent reports and minimizing mechanism. | Held: factfinder credited Wolfe and discredited portions of employer testimony; reviewing courts defer to those findings absent clear error. |
Key Cases Cited
- Hammons v. W. Va. Off. of Ins. Comm’r, 235 W. Va. 577, 775 S.E.2d 458 (2015) (standard of review and deference to Board of Review findings)
- Justice v. West Virginia Office Insurance Commission, 230 W. Va. 80, 736 S.E.2d 80 (2012) (apply de novo review to legal questions)
- Davies v. W. Va. Off. of Ins. Comm’r, 227 W. Va. 330, 708 S.E.2d 524 (2011) (de novo review for legal issues arising from board decisions)
- Barnett v. State Workmen’s Comp. Comm’r, 153 W. Va. 796, 172 S.E.2d 698 (1970) (compensability requires injury received in course of employment and resulting from that employment)