Thomas Charles v. Kamco Transport, Inc.
20-0277
| W. Va. | Jul 19, 2021Background
- Thomas Charles suffered a 2001 workplace injury (tire explosion) compensable for neck sprain, head injury, shoulder contusion, and post‑concussion syndrome.
- He developed chronic neck, low back, and hip pain; in 2018 treating providers sought Robaxin and sacroiliac (SI) nerve blocks. Dr. Ozturk diagnosed SI joint dysfunction and myofascial pain syndrome.
- The claims administrator denied Robaxin (June 20, 2018) and SI nerve blocks (August 1, 2018).
- The Office of Judges reversed the Robaxin denial but affirmed the denial of SI injections (Oct. 4, 2019); the Board of Review affirmed (Feb. 28, 2020).
- On appeal to the Supreme Court of Appeals the only issue was the denial of sacroiliac joint injections; the Court affirmed the Board, concluding the injections were not medically necessary for a compensable condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sacroiliac joint injections are medically necessary and reasonably required for a compensable injury | Charles: SI nerve blocks are necessary to treat SI joint dysfunction/myofascial pain arising from the 2001 work injury | Commissioner/claims admin: SI dysfunction and myofascial pain syndrome are not compensable here; injections therefore not medically necessary | Affirmed denial: claimant failed to show by a preponderance that SI injections were medically necessary for a compensable condition; the underlying diagnoses are not compensable in this claim |
Key Cases Cited
- Hammons v. W. Va. Off. of Ins. Comm'r, 235 W. Va. 577 (2015) (articulates workers' comp appellate standard of review and deference to board findings)
- Justice v. West Virginia Office Insurance Commission, 230 W. Va. 80 (2012) (applies de novo review to legal questions from board decisions)
- Davies v. W. Va. Off. of Ins. Comm'r, 227 W. Va. 330 (2011) (supports de novo review for questions of law arising in workers' comp appeals)
