STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS 

JAMIE BURCHAM, 

Claimant Below, Petitioner 

FILED 

February 3, 2017 

RORY L. PERRY II, CLERK 

SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

vs.) No. 16-0189 (BOR Appeal No. 2050456) 

(Claim No. 2014019314) 

CITY OF HUNTINGTON, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Jamie Burcham, by Patrick K. Maroney, his attorney, appeals the decision of 

the West Virginia Workers’ Compensation Board of Review. City of Huntington, by Scott K. 

Sheets, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated February 3, 2016, in 

which the Board affirmed an April 17, 2015, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s July 8, 2014, 

decision which closed the claim for temporary total disability benefits. In its Order, the Office of 

Judges also affirmed the claims administrator’s September 4, 2014, decision denying a request 

for the medications Relafen and Flector Patches as well as physical therapy. The Court has 

carefully reviewed the records, written arguments, and appendices contained in the briefs, and 

the case is mature for consideration. 

This Court has considered the parties’ briefs and the record on appeal. 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. 

Mr. Burcham, a firefighter, was injured on December 19, 2013, while carrying a patient 

on a cot. His claim was closed for temporary total disability benefits on July 8, 2014. On 

September 4, 2014, the claims administrator denied a request for the medications Relafen and 

Flector Patches as well as physical therapy. 

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Mr. Burcham submitted his December 15, 2014, deposition testimony in support of his 

protests. He testified that he sought treatment for the compensable injury on December 26, 2013, 

where he was given medication. He saw Allen Young, M.D., in the beginning of January of 

2014, who took him off of work. He asserted that Dr. Young referred him to Ohio University, 

and a physician there recommended pool therapy. Mr. Burcham testified that he has not been 

released to return to work by any physician. He stated he still has severe pain in his back and 

testicles as well as numbness and tingling down his right leg to his foot. Mr. Burcham stated that 

he was examined by Prasadarao Mukkamala, M.D., who recommended physical therapy, but the 

therapy was discontinued due to increased pain. 

The Office of Judges affirmed the claims administrator’s decisions on April 17, 2015. It 

found that Mr. Burcham submitted no medical evidence in support of his protests. The only 

evidence he submitted was his own deposition testimony, which is not sufficient to demonstrate 

error for the closure of the claim or denial of the requested medical benefits. The Board of 

Review affirmed the Order in its February 3, 2016, decision. 

After review, we agree with the reasoning and conclusions of the Office of Judges as 

adopted by the Board of Review. Mr. Burcham submitted no medical evidence to support his 

claim. The only evidence he submitted was his own deposition testimony, which does not meet 

his burden of proof. 

For the foregoing reasons, we find that the decision of the Board of Review is not in clear 

violation of any constitutional or statutory provision, nor is it clearly the result of erroneous 

conclusions of law, nor is it based upon a material misstatement or mischaracterization of the 

evidentiary record. Therefore, the decision of the Board of Review is affirmed. 

Affirmed. 

ISSUED: February 3, 2017 

CONCURRED IN BY: 

Chief Justice Allen H. Loughry II 

Justice Robin J. Davis 

Justice Margaret L. Workman 

Justice Menis E. Ketchum 

Justice Elizabeth D. Walker 

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