STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS 

FILED 

TERRY BENTLEY, November 29, 2016 

Claimant Below, Petitioner RORY L. PERRY II, CLERK 

SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

vs.) No. 15-1165 (BOR Appeal No. 2050540) 

(Claim No. 2014008949) 

CONSOL OF KENTUCKY, INC., 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Terry Bentley, by Samuel F. Hanna, his attorney, appeals the decision of the 

West Virginia Workers’ Compensation Board of Review. Consol of Kentucky, Inc., by James W. 

Heslep, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated October 28, 2015, in 

which the Board affirmed a May 27, 2015, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s September 24, 

2014, decision holding the claim compensable for post-traumatic stress disorder; fracture of shaft 

of radius, open; fracture of shaft of ulna, open; and crushing injury of the forearm; but excluding 

the conditions of cervicalgia and lumbago from compensability. 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. Bentley, a heavy equipment mechanic for Consol of Kentucky, Inc., was working on 

September 15, 2013, when his right forearm was pinned between his mechanic truck and the 

front tire of a rock truck. He was treated at Charleston Area Medical Center and found to have a 

fracture of the right radius and ulna. From the date of the injury through November 27, 2013, Mr. 

1 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bentley had four surgeries to his arm and some psychiatric treatment. The treatment for that 

period of time only involved his arm and psychiatric treatment. However, treatment records 

dated from May 6, 2014, to July 9, 2014, from Hilltop Primary Care document that Mr. Bentley 

began complaining of lower back pain. He also began complaining of neck pain with radiation 

into the shoulder and arm. 

Records from Hilltop Primary Care in September of 2014 show that Mr. Bentley was 

complaining of posterior neck pain, low back pain with radiation, and right upper extremity hand 

pain and weakness including the right shoulder. He stated the onset of this pain occurred during 

the crushing injury in which his entire body was struck by a heavy truck and pinned between the 

truck and a large tire of a rock truck. Geraldine Hatfield, APRN, requested that lumbago, neck 

pain, hyperlipidemia, and cervical disc disorder be added as compensable conditions. 

Prasadarao B. Mukkamala, M.D., performed an independent medical evaluation and his 

report dated September 2, 2014, was introduced into evidence. Dr. Mukkamala found that on the 

date of injury, Mr. Bentley’s right forearm was pinned between the mechanic truck and the tire 

of the rock truck. He had multiple surgeries between September 15, 2013, and November 27, 

2013. His treatment, except for psychiatric treatment, had been confined to the right arm. Dr. 

Mukkamala reviewed extensive medical records dated May 6, 2014, which is after the date of 

injury. He opined that these did not mention Mr. Bentley’s neck or low back until well after the 

injury. An x-ray of the cervical spine had been taken on April 3, 2014, which showed 

straightening of the usual cervical curvature with minimal, grade 1 anterolisthesis of C2 and C3. 

There was also degenerative disc disease with anterior end-plate spurring at the C6-7 level. A 

lumbar x-ray performed on April 3, 2014, showed a mild scoliotic curvature of the upper lumbar 

spine. There was multilevel degenerative disc disease. There were no fractures, deformities, or 

subluxations. 

On September 24, 2014, the claims administrator held the claim compensable for posttraumatic stress disorder; fracture of shaft of radius, open; fracture of shaft of ulna, open; and 

crushing injury of the forearm. The claims administrator excluded the conditions of cervicalgia 

and lumbago. On November 17, 2014, treatment records from Hilltop Primary Care authored by 

Ms. Hatfield indicated that Mr. Bentley was complaining of weakness in the right hand, low back 

pain, headaches, and flashbacks from the injury since the date of injury. She opined that he 

suffered a crush injury of his entire body when his entire body was struck by heavy equipment 

and crushed against the front tire of a large truck. She requested that in addition to the other 

compensable diagnoses, lumbago, neck pain, cervical disc disorder, and secondary hypertension 

all be added as compensable conditions. Ms. Hatfield completed a diagnosis update stating the 

same two days later. 

The Office of Judges determined that cervicalgia and lumbago should not be added as 

compensable conditions. The Office of Judges found that while Mr. Bentley’s injuries were very 

significant, they involved only his right upper extremity. The Office of Judges found that Mr. 

Bentley was having problems with his low back of a significant nature a month before the injury, 

when he went to Hill Chiropractic Center. There he stated that his back pain was seven out of 

ten. He told Cliff Hill, D.C., that he had back problems for two weeks, which was caused by 

2 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

lifting weights. The Office of Judges also found that Mr. Bentley’s complaints of lower back 

pain following the compensable injury did not begin until May 6, 2014, when he went to Hilltop 

Primary Care. The Office of Judges also noted that Ms. Hatfield, Mr. Bentley’s primary care 

provider appeared to have a mistaken understanding as to the nature of the injury. She believed 

that his entire body was crushed when it was apparent that only his right arm was crushed. Due 

to the pre-existing lower back pain, the failure to complain of a lower back injury directly after 

the injury, the nature of the injury, and Ms. Hatfield’s misunderstanding of the injury, the Office 

of Judges concluded that the claims administrator was correct in rejecting the conditions of 

cervicalgia and lumbago. The Board of Review adopted the findings of the Office of Judges and 

affirmed its Order. 

After review, we agree with the consistent decisions of the claims administrator, Office 

of Judges, and Board of Review. Mr. Bentley did not submit sufficient evidence to demonstrate a 

connection between the diagnosed cervicalgia and lumbago and the compensable injury. The 

evidence shows that he had pre-existing back pain, that the compensable injury did not involve 

more than his arm, that he did not report lower back problems until well after the injury, and that 

his healthcare provider did not have an accurate understanding of the nature of the injury. 

Because the Office of Judges and Board of Review supported their conclusions with credible and 

valid evidence, their decisions are not in error. 

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: November 29, 2016 

CONCURRED IN BY: 

Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Margaret L. Workman 

Justice Allen H. Loughry II 

DISSENTING: 

Chief Justice Menis E. Ketchum 

3