1

 

STATE OF WEST VIRGINIA

SUPREME COURT OF APPEALS

JAMES DAVIDSON, II,

Claimant Below, Petitioner

vs.) No. 18-0824 (BOR Appeal No. 2052610)

(Claim No. 2017020542)

 

BLUE RIDGE CREMATORY, 

Employer Below, Respondent

MEMORANDUM DECISION

Petitioner James Davidson II, by Counsel John Shumate Jr., appeals the decision of the 

West Virginia Workers’ Compensation Board of Review (“Board of Review”). Blue Ridge 

Crematory, by Counsel Jeffrey Brannon, filed a timely response.

The issue on appeal is the compensability of the claim for bilateral carpal tunnel syndrome. 

On March 2, 2017, the claims administrator rejected Mr. Davidson’s claim. The Workers’ 

Compensation Office of Judges (“Office of Judges”) reversed the claims administrator’s Order on 

February 13, 2018, and ordered the claim compensable for bilateral carpal tunnel syndrome. This 

appeal arises from the Board of Review’s Final Order dated August 28, 2018, in which the Board 

reversed and vacated the February 13, 2018, Decision of the Office of Judges. The Board 

concluded that the preponderance of the evidence fails to demonstrate that Mr. Davidson’s 

employment duties had any relationship to his carpal tunnel syndrome. 

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. 

Mr. Davidson is employed as an apprentice funeral director and embalmer with Blue Ridge 

Crematory, and he has worked for the employer since January 18, 2016. As part of his duties, Mr. 

Davidson performs suturing and dressing tasks, lifting and removing bodies, completing

paperwork and logging data into a computer. He began experiencing numbness and pain in his 

hands in February 2017. On February 7, 2017, Mr. Davidson underwent an EMG/NCS performed 

FILED

November 1, 2019

EDYTHE NASH GAISER, CLERK

SUPREME COURT OF APPEALS

OF WEST VIRGINIA
2

by Glen Goldfarb, M.D. Dr. Goldfarb’s testing revealed a prolonged left median sensory latency 

across the wrist and a mild left carpal tunnel syndrome was diagnosed. 

Mr. Davidson first sought medical treatment with Syed A. Zahir, M.D. Mr. Davidson 

reported pain and numbness in both hands, particularly his right hand. He was noted as weighing 

241 pounds, standing 6’2” in height. Dr. Zahir, in a report dated February 9, 2017, diagnosed him 

with bilateral carpal tunnel syndrome and recommended wrist braces at night and then surgery. 

Dr. Zahir based his opinion upon the EMG/NCS testing conducted by Dr. Goldfarb. Dr. Zahir 

signed the physician’s section of the Employees’ and Physicians’ Report of Occupational Injury 

on February 14, 2017. In the form, Mr. Davidson reported that his condition occurred as a result 

of continuous suturing, writing, typing, and repetitive movements. Dr. Zahir checked the box 

indicating an occupational disease and indicated that he has not advised Mr. Davidson to remain 

off work for more than four days. 

On March 1, 2017, Dr. Zahir requested authorization for carpal tunnel syndrome surgery 

for Mr. Davidson’s right hand. In an Order dated March 2, 2017, the claims administrator denied 

the claim for bilateral carpal tunnel syndrome on the basis that Mr. Davidson’s carpal tunnel 

syndrome is not causally related to his employment. Mr. Davidson protested the claims 

administrator’s decision. 

Mr. Davidson completed a carpal tunnel syndrome questionnaire on April 22, 2017, in 

which he indicated that he has been working for Blue Ridge Funeral Home since January 2016.

He previously was diagnosed with hypothyroidism, Addison’s disease, and low testosterone. He 

stated that he routinely performs his work duties in awkward positions, and he does not have a 

history of prior work-related accidents. 

Mr. Davidson was referred for an independent medical evaluation with Prasadarao B. 

Mukkamala, M.D. In a report dated July 28, 2017, Dr. Mukkamala diagnosed Mr. Davidson with 

bilateral carpal tunnel syndrome. However, in his professional opinion, Dr. Mukkamala concluded 

that Mr. Davidson’s carpal tunnel syndrome is not causally related to his occupational activities, 

because Mr. Davidson did not report work activities that involve the degree of repetition and force 

that is required to cause carpal tunnel syndrome. Dr. Mukkamala found no occupational risk 

factors for development of carpal tunnel syndrome. Dr. Mukkamala also found that Mr. 

Davidson’s increased body mass index, as well as his hypothyroidism, are important risk factors 

for the development of the disease. It was Dr. Mukkamala’s opinion that the carpal tunnel 

syndrome is not causally related to his occupational activities. 

On August 10, 2017, an evidentiary hearing was held in Beckley, West Virginia, in which 

Mr. Davidson’s testimony was taken. He testified that within a two-week period, he worked ten 

days on and four days off of work. He testified that he spent four hours, out of an eight hour day, 

embalming bodies. Three of those hours were spent suturing the incisions which involved intricate 

work with his hands and wrists. The other four hours of his workday involved carrying caskets, 

serving as a pallbearer, typing reports, and doing paperwork. He testified that he began having 

problems with his hands and wrists in January 2017. Mr. Davidson also testified that his father had 
3

been diagnosed with carpal tunnel syndrome and underwent surgery. He stated that he did not have 

problems with his hands and wrists prior to his job. 

In a Final Decision dated February 13, 2018, the Office of Judges reversed the claims 

administrator’s prior ruling of March 2, 2017, and held Mr. Davidson’s claim compensable for 

bilateral carpal tunnel syndrome. The Office of Judges found that the type of work performed by 

Mr. Davidson met the type of work setting noted in West Virginia Code of State Rules § 85-20-

41.5 (2006) that can contribute to carpal tunnel syndrome. The Office of Judges reasoned that there 

was no medical evidence to support Dr. Mukkamala’s theories that nonoccupational-risk factors

caused Mr. Davidson’s carpal tunnel syndrome. Blue Ridge Crematory appealed to the Board of 

Review.

The Board of Review entered an Order dated August 28, 2018, reversing the decision of 

the Office of Judges and denying Mr. Davidson’s claim for carpal tunnel syndrome. The Board of 

Review found that the Office of Judges’ analysis and conclusions were clearly wrong in view of 

the reliable, probative and substantial evidence on the whole record. The Board of Review relied 

upon Dr. Mukkamala’s opinion and concluded that Mr. Davidson’s employment activities did not 

fall into the high-risk categories for the development of carpal tunnel syndrome. As a result, the 

Board found that the preponderance of the evidence fails to demonstrate that Mr. Davidson’s 

employment duties had any relationship to his carpal tunnel syndrome. The claims administrator’s 

order of March 2, 2017, which rejected the claim, was reinstated.

After review, we agree with the decision of Board of Review. In his independent medical 

evaluation dated July 28, 2017, Dr. Mukkamala found nonoccupational-risk factors for the 

development of carpal tunnel syndrome in the form of excessive weight and hypothyroidism. The 

Board of Review noted that West Virginia Code of State Rules § 85-20-41.4 (2006) includes 

hypothyroidism and obesity as abnormalities and conditions that can precipitate carpal tunnel 

syndrome symptoms. The Board found that Mr. Davidson’s job duties do not fall in the high-risk 

categories for the development of carpal tunnel syndrome. Given the evidence of record, the Board 

did not err in concluding that Mr. Davidson’s employment duties had no relationship to his carpal 

tunnel syndrome. 

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 so clearly wrong based upon the evidentiary record that even when all 

inferences are resolved in favor of the Board of Review’s findings, reasoning and conclusions, 

there is insufficient support to sustain the decision. Therefore, the decision of the Board of Review 

is affirmed. 

 Affirmed.
4

ISSUED: November 1, 2019

CONCURRED IN BY:

Chief Justice Elizabeth D. Walker

Justice Tim Armstead

Justice Evan H. Jenkins

DISSENTING:

Justice Margaret L. Workman

Justice John A. Hutchison