IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA
FILED
STEPHANIE SPROUSE, January 10, 2023
Claimant Below, Petitioner EDYTHE NASH GAISER, CLERK
INTERMEDIATE COURT OF APPEALS
vs.) No. 22-ICA-89 (BOR Appeal No.: 2058150) OF WEST VIRGINIA
(JCN: 2016022493)
DUNHAM’S ATHLEISURE CORP.,
Employer Below, Respondent
MEMORANDUM DECISION
Petitioner Stephanie Sprouse appeals the August 10, 2022, order of the Workers’
Compensation Board of Review (“Board”). Respondent Dunham’s Athleisure Corp. filed
a timely response. 1 Petitioner did not file a reply brief. The issue on appeal is whether the
Board erred in affirming the March 15, 2022, order of the Workers’ Compensation Office
of Judges (“OOJ”) which upheld the claim administrator’s denial of authorization for a
carpal tunnel wrist brace/splint, MRI of the cervical spine, orthopedic referral, and physical
therapy.
This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-
11-4 (2022). After considering the parties’ arguments, the record on appeal, and the
applicable law, this Court finds no substantial question of law and no prejudicial error. For
these reasons, a memorandum decision affirming the Board’s order is appropriate under
Rule 21 of the Rules of Appellate Procedure.
Ms. Sprouse, then a sales manager for Dunham’s Athleisure, was injured on
February 28, 2016, when she was moving displays on the sales floor of a retail store. The
brackets holding a mirror in place failed, allowing the mirror to swing around and strike
her from behind, hitting her head, neck, right shoulder, and right side of her back, and
causing her to fall to the ground. She completed her work shift and sought medical
treatment on March 3, 2016, at Camden Clark Medical Center in Parkersburg, West
Virginia, for right neck and shoulder pain. X-rays of her cervical spine showed no acute
fractures. A loss of cervical lordosis secondary to spasm was noted. Ms. Sprouse was given
Petitioner is represented by J. Thomas Greene, Jr., Esq., and T. Colin Greene, Esq.
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Respondent is represented by Jane Ann Pancake, Esq. and Jeffrey B. Brannon, Esq.
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Norflex and Toradol and told to follow up with her primary care provider. A work excuse
was provided through March 4, 2016.
On March 4, 2016, Ms. Sprouse went to MedExpress and saw Michael Beane, M.D.,
as advised by her employer for workers’ compensation purposes. Dr. Beane completed her
WC-1 form, though Ms. Sprouse now contends that he was not her “treating physician” for
her claim. Dr. Beane prescribed Skelaxin and naproxen and instructed Ms. Sprouse to
return in one week for reevaluation. He also placed her on modified work duty with
restrictions to limit lifting to less than five pounds.
On March 8, 2016, Ms. Sprouse’s workers’ compensation claim was held
compensable for contusions of the right shoulder, face, and neck, and right shoulder sprain.
On that same day, she presented to her chiropractor with complaint of neck and shoulder
pain and was diagnosed with radiculopathy of the cervicothoracic region, sprain of the
ligaments of the cervical spine, and sprain of ligaments of the thoracic spine.
Ms. Sprouse returned to her chiropractor on March 11, 2016, and complained of
severe low back pain radiating down her right leg into her foot, numbness, and difficulty
walking. Putting weight on her right leg caused pain shooting into her neck. A TENS unit
was suggested for at-home use after work.
By mid-April 2016, Ms. Sprouse was noticing some improvement in her low and
mid-back pain. Her right leg pain had decreased, and she noticed less of an antalgic gait.
However, her right leg complaints returned and there was not much improvement in her
cervical spine. An MRI was ordered and taken in mid-May that found congenital narrowing
from C5-C7 which did not cause cord compression or deformity. Her chiropractor referred
her to a neurologist, but that referral was denied by the claim administrator secondary to
the MRI report that it was related to a congenital condition.
On September 6, 2018, Prasadarao Mukkamala, M.D., conducted an independent
medical evaluation (“IME”) and opined that there was a causal relationship between the
February 28, 2016, incident and Ms. Sprouse’s continued symptoms, and that she had not
yet reached maximum medical improvement. Dr. Mukkamala recommended that Ms.
Sprouse participate in physical therapy three times per week for six weeks to improve
flexibility and decrease pain associated with her neck.
Ms. Sprouse attended physical therapy from October 25, 2018, to May 4, 2019, and
said she found it difficult to perform many tasks because of persistent neck pain after her
workplace injury. She had increased right hand numbness and tingling while performing
exercises and frequent complaints of increasing pain with the majority of tasks. Treatment
notes indicate she attended physical therapy very intermittently, and she had only modest
increases in cervical range of motion during her period of treatment. She was discharged
with instructions to continue her home exercise program.
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On March 2, 2021, Ms. Sprouse saw Roshan Hussain, M.D., for a one-time
consultation. She reported that her right shoulder and neck pain were affecting her work,
even after completing physical therapy as recommended by Dr. Mukkamala. She
complained of difficulty raising her right arm above her head, right arm pain, right
arm/hand numbness, and neck pain. Dr. Hussain noted that he was not willing to be the
provider of record for workers’ compensation purposes but would make recommendations
for her care. He assessed cervical muscle spasm, tendinitis of the right rotator cuff, right
shoulder joint pain, head/neck region pain, and right wrist carpal tunnel syndrome. Dr.
Hussain prescribed cyclobenzaprine and naproxen and ordered an MRI of the cervical
spine. He referred Ms. Sprouse to physical therapy and orthopedics for her right shoulder
and to a neurologist for a possible EMG for her right hand. He also ordered a carpal tunnel
splint and wrist brace for her right hand.
On March 16, 2021, the claim administrator issued an order denying the
authorization for the carpal tunnel wrist brace/splint, the MRI of the cervical spine, the
orthopedic referral, and physical therapy. Ms. Sprouse protested the denial.
David Soulsby, M.D., performed an IME of Ms. Sprouse and his report, dated
March 31, 2021, noted that she had taken a job at DuPont working as an operator. Her job
duties involved certain neck motion, lifting, and wearing a hard hat, all of which caused
her continued neck pain. Ms. Sprouse also complained of right shoulder pain with activity.
Dr. Soulsby found that Ms. Sprouse was at maximum medical improvement from her
compensable injury and stated that no additional medical treatment was expected to
significantly change her condition. With respect to her cervical spine, Dr. Soulsby stated
that the MRI showed degenerative disc disease, an arthritic condition known to contribute
to decreased range of motion. Dr. Soulsby observed that Dr. Mukkamala found
tremendously better range of motion in Ms. Sprouse’s right shoulder in 2018 than he found
in 2021, and Dr. Soulsby concluded that it was not possible that her continued loss of range
of motion could be explained by the occupational injury that occurred in 2016.
By order dated March 15, 2022, the OOJ affirmed the claim administrator’s denial
of the additional treatment and referrals on the basis that Dr. Hussain’s requests for
authorization for treatment were not valid because he was not Ms. Sprouse’s treating
physician. The OOJ’s order did not address the medical merits of Dr. Hussain’s requests
but focused instead on the fact that Dr. Hussain stated that he would not be offering long-
term care or treatment to Ms. Sprouse but was only able to provide a one-time consultation.
Ms. Sprouse appealed the order and argued that even if he was not her treating physician,
Dr. Hussain’s consultation was approved in advance by the claim administrator.
The Board issued an order dated August 10, 2022, affirming the OOJ’s decision,
but did not adopt the discussion and conclusion of law regarding Dr. Hussain’s status as a
non-treating physician. Instead, the Board held that the evidence of record did not establish
that the treatment requested by Dr. Hussain (i.e., the carpal tunnel wrist brace/splint, MRI
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of the cervical spine, orthopedic referral, and physical therapy) is medically necessary and
reasonably required in the course of treatment for the compensable injury (i.e., contusions
of the right shoulder, face, and neck, and right shoulder sprain.) Ms. Sprouse appeals herein
from that ruling.
The standard of review applicable to this Court’s consideration of workers’
compensation appeals has been set out under West Virginia Code § 23-5-12a(b) (2022), as
follows:
The Intermediate Court of Appeals may affirm the order or
decision of the Workers’ Compensation Board of Review or
remand the case for further proceedings. It shall reverse,
vacate, or modify the order or decision of the Workers’
Compensation Board of Review, if the substantial rights of the
petitioner or petitioners have been prejudiced because the
Board of Review’s findings are:
(1) In violation of statutory provisions;
(2) In excess of the statutory authority or jurisdiction of the
Board of Review;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly wrong in view of the reliable, probative, and
substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.
In her appeal, Ms. Sprouse argues that she was not able to consistently access
treatment for her compensable injury due to a “clerical error” that incorrectly listed Dr.
Beane as her workers’ compensation treating physician, that she also had trouble finding a
physician who would agree to be her workers’ compensation treating physician, and then
that she had difficulty getting necessary treatments approved by the claim administrator
when the treatments were requested by providers who were not her treating physician of
record. She claims that she had great difficulty getting physical therapy approved, but once
she was able to attend, it was very beneficial. When her physical therapist attempted to get
approval for additional sessions, neither he nor Ms. Sprouse were ever able to reach the
claim administrator. Ms. Sprouse claims that this impasse caused her to lose the progress
she had made in physical therapy, and instead of recovering from her injury, she argues
that she remained symptomatic and progressively worsened over time. Ms. Sprouse
submits that even Dr. Mukkamala agreed that more than two years after her date of injury
she had not reached maximum medical improvement and would benefit from additional
treatment, recognizing that her course of recovery had not been within the expected range
under the workers’ compensation treatment guidelines. Given that recognition, she argues
that it follows that her continued symptoms and complaints merit further treatment. And as
such, when she explicitly sought and was granted authorization by the claim administrator
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to see Dr. Hussain for a one-time consultation, especially in light of her difficulties in
obtaining treatment, Ms. Sprouse argues that it was clearly wrong for the OOJ to deny Dr.
Hussain’s proposed treatment on the basis that he was not her treating physician of record.
The employer argues that Dr. Hussain requested treatments for conditions that are
not compensable, including a wrist brace and splint for carpal tunnel syndrome, an MRI of
the cervical spine for muscle spasm of the neck, an orthopedic referral for pain of the right
shoulder joint, and physical therapy for tendinitis of the right rotator cuff. Ms. Sprouse has
not sought to add new compensable conditions to her claim. Ms. Sprouse has also admitted
that her job at DuPont for the last two years has led to more lifting, overhead reaching, and
wearing a hard hat, all of which cause pain that should not be attributed to the compensable
injury.
Upon review, we find no reversible error in the Board’s decision to affirm the OOJ’s
order denying the treatment, subject to the Board’s modifications of the findings of fact
and conclusions of law regarding the physician, Dr. Hussain. The only compensable
conditions in this claim are contusions of the right shoulder, face, and neck, and right
shoulder sprain. Dr. Hussain requested a carpal tunnel wrist brace/splint, MRI of the
cervical spine, an orthopedic referral, and physical therapy. As the medical evidence of
record demonstrates, these treatments were suggested for conditions other than the
compensable conditions in the claim. Accordingly, we must affirm.
Affirmed.
ISSUED: January 10, 2023
CONCURRED IN BY:
Chief Judge Daniel W. Greear
Judge Thomas E. Scarr
Judge Charles O. Lorensen
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