STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

April 6, 2015 

RORY L. PERRY II, CLERK 

MICHAEL PRICE, SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 13-1272 (BOR Appeal No. 2048546) 

(Claim No. 2013007996) 

KINGSFORD MANUFACTURING COMPANY, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Michael Price, by Pat A. Nichols, his attorney, appeals the decision of the West 

Virginia Workers’ Compensation Board of Review. Kingsford Manufacturing Company, by 

Gary W. Nickerson and James W. Heslep, its attorneys, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated November 22, 2013, in 

which the Board affirmed a June 11, 2013, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s October 15, 2012, 

decision to reject the claim. 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. Price, an employee for Kingsford Manufacturing Company, injured his left knee at 

work on September 20, 2012. Thereafter, Mr. Price was escorted by ambulance to Davis 

Memorial Hospital for an evaluation of his left knee. The report from Davis Memorial Hospital 

stated that the impression was internal derangement of the left knee. Mr. Price reported to 

Richard Topping, M.D., for an evaluation of his left knee. Dr. Topping opined, based upon MRI 

evidence, that Mr. Price suffered a dislocation of knee and a tear of the meniscal cartilage on 

September 20, 2012. Mr. Price filed for workers’ compensation benefits and his claim was 

denied. The claims administrator determined that Mr. Price’s injury was idiopathic in nature and 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

was not a result of his employment with Kingsford Manufacturing Company. Mr. Price 

protested. Statements were taken from Michael Bryant, Mr. Price’s boss, and his coworkers Tom 

Fitzgerald, Jim Bedford, Larry Streets, and Kenny Pooling. All of the testimony indicated that 

Mr. Price was walking when he suddenly fell to the floor. No one could identify any place where 

Mr. Price slipped or tripped. In addition, Mr. Price was not carrying any materials or 

maneuvering around any object. 

The Office of Judges determined that Mr. Price failed to establish that his injury was 

received in the course of and as a result of his employment with Kingsford Manufacturing 

Company. The Office of Judges noted that the testimony of record established that Mr. Price 

was working on maintaining equipment during a scheduled shut-down period at the facility. 

After welding a piece of material on a machine, Mr. Price stood up and proceeded to walk across 

the facility's concrete floor in order to obtain more material. The Office of Judges determined 

that the injury occurred while Mr. Prince was walking across the floor and his left knee gave out. 

This caused him to fall to the floor. The Office of Judges found that there was nothing upon 

which he had tripped and that he was not carrying any materials at the time when his left knee 

gave out. As such, the Office of Judges determined his injury was idiopathic and not the result of 

his employment with Kingsford Manufacturing Company. The Board of Review adopted the 

findings of the Office of Judges and affirmed its Order. 

We agree with the findings of the Office of Judges and conclusions of the Board of 

Review. Mr. Price has not established that his injury was the result of his employment with 

Kingsford Manufacturing Company. His injury occurred at work, but it was in no way a result of 

his work. Mr. Price was not lifting any object, maneuvering around any object, or carrying any 

object. He did not trip or slip. He also did not identify any work condition that precipitated his 

injury. The testimony of Mr. Price and his coworkers establishes that he was simply walking 

when his knee gave out. Since the injury was idiopathic in nature it was not in error for the 

claims administrator, the Office of Judges, and Board of Review to reject the claim. 

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: April 6, 2015 

CONCURRED IN BY: 

Chief Justice Margaret L. Workman 

Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II