Franklin Coleman v. Spartan Mining Company ( 2023 )

FILED
May 2, 2023
EDYTHE NASH GAISER, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
STATE OF WEST VIRGINIA
SUPREME COURT OF APPEALS
Franklin Coleman,
Claimant Below, Petitioner
vs.) No. 21-0741 (BOR Appeal No. 2054520)
(Claim No. 2018001948)
Spartan Mining Company,
Employer Below, Respondent
MEMORANDUM DECISION
Petitioner Franklin Coleman, by Counsel J. Robert Weaver, appeals the decision of the
West Virginia Workers’ Compensation Board of Review (“Board of Review”). Spartan Mining
Company, by Counsel Sean Harter, filed a timely response.
The issue on appeal is compensability. The claims administrator rejected the claim on
December 18, 2017. The Workers’ Compensation Office of Judges (“Office of Judges”) affirmed
the decision in its July 29, 2019, Order. The Order was affirmed by the Board of Review on August
24, 2021.
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.
The standard of review applicable to this Court’s consideration of workers’ compensation
appeals has been set out under W. Va. Code § 23-5-15, in relevant part, as follows:
(c) In reviewing a decision of the Board of Review, the Supreme Court of
Appeals shall consider the record provided by the board and give deference to the
board’s findings, reasoning, and conclusions . . . .
(d) If the decision of the board represents an affirmation of a prior ruling by
both the commission and the Office of Judges that was entered on the same issue
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in the same claim, the decision of the board may be reversed or modified by the
Supreme Court of Appeals only if the decision is in clear violation of constitutional
or statutory provision, is clearly the result of erroneous conclusions of law, or is
based upon the board’s material misstatement or mischaracterization of particular
components of the evidentiary record. The court may not conduct a de novo
reweighing of the evidentiary record . . . .
See Hammons v. W. Va. Off. of Ins. Comm’r, 235 W. Va. 577, 582-83, 775 S.E.2d 458, 463-64
(2015). As we previously recognized in Justice v. West Virginia Office Insurance Commission,
230 W. Va. 80, 83, 736 S.E.2d 80, 83 (2012), we apply a de novo standard of review to questions
of law arising in the context of decisions issued by the Board. See also Davies v. W. Va. Off. of
Ins. Comm’r, 227 W. Va. 330, 334, 708 S.E.2d 524, 528 (2011).
Mr. Coleman, a fire boss, alleges that he developed carpal tunnel syndrome in the course
of and resulting from his employment. On May 22, 2014, Mr. Coleman was seen by his treating
physician, Raymond Bishop, M.D., for follow up for his type II diabetes. Mr. Coleman’s blood
sugars were high. It was noted that he had hyperlipidemia and was going to undergo surgery for a
right forearm nodule. On October 29, 2015, Mr. Coleman underwent an EMG/nerve conduction
study which showed mild bilateral carpal tunnel syndrome.
Devesh Sharma, M.D., performed left carpal tunnel release surgery on June 17, 2016. On
August 18, 2016, he noted that Mr. Coleman’s left wrist had improved post-surgery and was
feeling better with physical therapy. However, he had developed numbness in his right fingers. Dr.
Sharma diagnosed bilateral carpal tunnel syndrome and primary osteoarthritis of an unspecified
hand.
On October 18, 2016, Mr. Coleman was seen by Scott Farner, M.D., due to pain in his left
wrist surgical site, palm, the middle of his wrist, and his forearm. It was noted that Mr. Coleman
likely had some cervical radiculopathy. Bilateral wrist injections and a possible carpal tunnel
revision surgery were recommended. Mr. Coleman underwent a cervical x-ray that day which
showed moderate spondylosis, worst at C5-6. Dr. Farner noted that Mr. Coleman had longstanding
carpal and cubital tunnel symptoms which were likely exacerbated by work.
Mr. Coleman was seen by Brian Daniels, D.O., on October 28, 2016, for results from a
cervical MRI. The results showed a C5-6 bone spur indenting the thecal sac with mild stenosis and
moderate left foraminal stenosis. Similar findings were noted at C6-7. Dr. Daniels diagnosed
chronic neck pain and cervical radiculopathy. He opined that Mr. Coleman’s cervical issues were
likely causing his hand symptoms, especially given the location of the stenosis.
Jeffrey Stanley, PT, completed an initial evaluation of Mr. Coleman on October 31, 2016,
in which he determined that physical therapy was appropriate treatment for Mr. Coleman’s cervical
pain and possible radiculopathy. The prognosis was fair because Mr. Coleman’s symptoms were
chronic. On November 3, 2016, Dr. Sharma treated Mr. Coleman for bilateral hand pain, which
was constant. It was noted that Mr. Coleman’s persistent numbness in his fingers may be the result
of diabetic neuropathy because he also experienced a burning sensation in his feet.
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Mr. Coleman returned to Dr. Daniels on December 2, 2016, and reported persistent cervical
spasms and loss of range of motion. Physical therapy was not helping. He stated that he was unable
to return to work due to upper extremity weakness, lower extremity weakness, pain, and
radiculopathy. On December 13, 2016, Dr. Farner treated Mr. Coleman and stated that he had no
improvement post carpal tunnel surgery and diagnosed cervical radiculopathy. It was noted that
Mr. Coleman had diabetes and suffered from neuropathy in his feet. The diagnoses were recurrent
left carpal tunnel syndrome, left cubital tunnel syndrome, cervical radiculopathy, and diabetic
neuropathy. Surgery was scheduled for left carpal and cubital tunnel releases.
Mr. Coleman completed the Employees’ and Physicians’ Report of Injury on July 10, 2017.
He stated that he stopped working on June 16, 2016, due to progression of his carpal tunnel
syndrome symptoms. Dr. Daniels completed the physician’s section and diagnosed occupational
bilateral carpal tunnel syndrome. Dr. Daniels completed a carpal tunnel report on August 9, 2017,
in which he stated that Mr. Coleman had symptoms in both hands which worsened with repetitive
motion. He noted that Mr. Coleman had osteoarthritis and diabetes.
Marsha Bailey, M.D., performed an Independent Medical Evaluation on November 21,
2017, in which she diagnosed bilateral upper extremity peripheral neuropathies including bilateral
carpal and cubital tunnel syndromes. She opined that the conditions were not the result of Mr.
Coleman’s work duties but rather, the result of his strong personal risk factors in the form of poorly
controlled diabetes, obesity, osteoarthritis, and cervical spine disease. Dr. Bailey stated that Mr.
Coleman’s duties as a fire boss involved some use of hand tools, hammers, and shovels, but did
not put him at occupational risk for carpal tunnel syndrome. She noted that his poorly controlled
diabetes resulted in bilateral upper extremity peripheral neuropathies as well as diabetic peripheral
neuropathies in both feet.
On December 12, 2017, Mr. Coleman returned to Dr. Farner and reported that he had
postponed his left carpal tunnel revision surgery because he lost his insurance. The claims
administrator rejected the claim on December 18, 2017. Dr. Farner performed left carpal tunnel
release surgery on December 29, 2017. It was noted that there was a lot of scarring. Mr. Coleman
followed up with Dr. Farner on January 11, 2018, and reported significant improvement in his
symptoms.
Prasadarao Mukkamala, M.D., performed a Record Review on July 10, 2018, in which he
opined that Mr. Coleman’s carpal tunnel syndrome was not the result of his work activities. Dr.
Mukkamala reviewed Mr. Coleman’s job duties and stated that they were not the kind of activities
known to cause an increased risk of carpal tunnel syndrome. He noted that Mr. Coleman had
several risk factors for carpal tunnel syndrome in the form of diabetes, obesity, degenerative
cervical spondyloarthropathy, and osteoarthritis. Dr. Mukkamala stated that he agreed with Dr.
Bailey’s opinion that Mr. Coleman’s carpal tunnel syndrome was not the result of his work duties.
Mr. Coleman testified in a July 18, 2018, deposition that he began working in West
Virginia as a fire boss in 2010. He asserted that he spent 90% of his day shoveling and did his fire
boss duties for the last hour and a half of the day. Mr. Coleman asserted that when he started
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working in West Virginia, he was having no hand, wrist, elbow, or arm issues. He was hired by
Spartan Mining Company in 2015. That year, he developed problems with his hands and sought
treatment from Dr. Daniels. Mr. Coleman underwent three surgeries on his wrists, two on the left
and one on the right. None of the surgeries were successful. Mr. Coleman stated that he stopped
working in June of 2016 and was terminated in December of 2016. He did not file his claim until
after his surgeries and after he was terminated. He denied any problems with his hands or wrists
prior to 2015 but admitted that he was diagnosed with diabetic neuropathy in both feet.
Syam Stoll, M.D., performed an Independent Medical Evaluation on December 11, 2018,
in which he diagnosed bilateral carpal tunnel syndrome. He opined that the condition was the result
of Mr. Coleman’s type II diabetes and not his occupational duties. He also noted that Mr. Coleman
had a pre-claim occupational exposure to activities that can cause carpal tunnel syndrome during
his thirty years working as a butcher. Dr. Stoll stated that Mr. Coleman’s work activities for
Spartan Mining Company did not put him at increased risk of carpal tunnel syndrome. He noted
that he has not been employed as a coal miner since June of 2016, yet his symptoms have not
changed or improved. Further, Mr. Coleman’s pain drawing was not consistent with carpal tunnel
syndrome but was consistent with multiple peripheral nerve issues, including peripheral
neuropathy.
The Office of Judges affirmed the claims administrator’s rejection of the claim in its July
29, 2019, Order. After reviewing the evidence, the Office of Judges determined that Mr. Coleman
was diagnosed with diabetes as early as May 22, 2014. In his report of that date, Dr. Bishop stated
that Mr. Coleman’s blood sugar was high and had not been checked in quite a while. According to
Drs. Bailey, Mukkamala, and Stoll, Mr. Coleman’s diabetes is a nonoccupational risk factor for
carpal tunnel syndrome that elevated his risk of developing the condition. Further, all three
physicians noted that Mr. Coleman suffers from diabetic neuropathy in his feet and cervical
spondyloarthropathy, and all three opined that his carpal tunnel syndrome was not the result of his
work duties for Spartan Mining Company. The Office of Judges found the reports of Drs. Bailey,
Mukkamala, and Stoll to be reliable. Mr. Coleman has multiple risk factors for carpal tunnel
syndrome, none of which were his occupational duties. The Board of Review affirmed the Office
of Judges’ Order on August 24, 2021.
After review, we agree with the reasoning and conclusions of the Office of Judges as
affirmed by the Board of Review. For an injury to be compensable it must be a personal injury that
was received in the course of employment, and it must have resulted from that employment.
Barnett v. State Workmen’s Comp. Comm’r, 153 W. Va. 796, 172 S.E.2d 698 (1970). The record
clearly shows that Mr. Coleman has multiple personal risk factors for carpal tunnel syndrome in
the form of diabetes, obesity, degenerative cervical spondyloarthropathy, and osteoarthritis.
Further, his work duties were determined by three different physicians to not be the kind of
activities that cause an increased risk of carpal tunnel syndrome.
Affirmed.
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ISSUED: May 2, 2023
CONCURRED IN BY:
Chief Justice Elizabeth D. Walker
Justice Tim Armstead
Justice John A. Hutchison
Justice William R. Wooton
Justice C. Haley Bunn
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