STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS 

DONNA M. MANES, 

Claimant Below, Petitioner 

FILED 

November 29, 2016 

RORY L. PERRY II, CLERK 

SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

vs.) No. 16-0064 (BOR Appeal No. 2050633) 

(Claim No. 2014033868) 

MCDOWELL COUNTY BOARD OF EDUCATION, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Donna M. Manes, by Gregory S. Prudich, her attorney, appeals the decision of 

the West Virginia Workers’ Compensation Board of Review. McDowell County Board of 

Education, by Marion E. Ray, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated December 21, 2015, in 

which the Board affirmed a March 17, 2015, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s June 5, 2014, 

decision rejecting 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. 

Ms. Manes, a cook, alleges that she injured her lower back on May 19, 2014, while 

lifting a crate of milk cartons. Treatment notes from Welch Community Hospital that same day 

indicate Ms. Manes reported pain in her lower back and hip and tingling and numbness in her left 

leg. She had a pre-existing T12 compression fracture. A lumbar x-ray showed chronic 

compression at T12 and osteoarthritic lumbar vertebral body lipping. X-rays of the hips showed 

bilateral degenerative disease. She was diagnosed with acute lumbar sprain, acute exacerbation 

of chronic left thigh numbness, and a history of T12 compression fracture. The employee’s and 

physician’s report of injury indicates Ms. Manes injured her lower back and hips while lifting a 

1 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

milk crate full of milk. The diagnosis was listed as compression fracture. It was indicated that the 

injury did not aggravate a prior injury or disease. The first report of injury states Ms. Manes was 

filling a milk cooler when she felt pain in her back, causing her to drop the crate. It was noted 

that she had a prior lower back claim. 

Ms. Manes sought treatment on May 27, 2014, at Princeton Community Hospital 

emergency room for increased pain, numbness, and tingling in her lower back and left leg since 

May 19, 2014. The numbness and pain were not new symptoms and had been gradually 

increasing; however, she stated the May 19, 2014, incident made her condition much worse. She 

was diagnosed with acute lumbar strain and acute exacerbation of left thigh numbness. 

Ms. Manes has a history of lower back pain, leg pain, and leg numbness. Treatment notes 

from Tug River Health Associates indicate she was seen on July 24, 2012, for a routine checkup. It was noted that she had severe arthritis. On February 7, 2013, she reported that she was seen 

for a slip and fall injury. She landed on her right knee and complained of knee and lower back 

pain. She was diagnosed with sprain/strain of the knee and leg. On January 14, 2014, Ms. Manes 

reported her legs and lower back were getting worse and hurting more. She was diagnosed with 

lumbago, sciatica, and pain in the pelvic and thigh regions. 

Ms. Manes was also treated by Robert Kropac, M.D., for her lower back and leg 

complaints. On March 4, 2014, she reported that her lower back was asymptomatic until 

February 7, 2014, when she slipped and fell on a wet floor twisting her back. She was diagnosed 

with lumbosacral strain superimposed on a pre-existing T12 compression fracture. On April 15, 

2014, she reported that her pain was exacerbated by bending and stooping. She had pain in her 

lower back and legs, as well as numbness. Dr. Kropac noted that her condition had not changed. 

On July 28, 2014, Dr. Kropac saw Ms. Manes for a follow-up of her chronic lower back 

condition. She reported increased pain and numbness in her lower back and legs since she hurt 

her back at work. Dr. Kropac again diagnosed lumbosacral strain superimposed on a pre-existing 

T12 compression fracture. He recommended she have an MRI of the lumbar spine using her 

private insurance. 

The claims administrator rejected the claim on June 5, 2014. On March 17, 2015, the 

Office of Judges affirmed its decision. The Office of Judges found that Ms. Manes has a history 

of low back problems for which she was being treated at the time of the alleged work-related 

injury. Treatment notes from Dr. Kropac show on March 4, 2014 that she was treated for lower 

extremity pain and numbness. She reported that she slipped and fell on February 5, 2013, and 

had an immediate onset of lower back pain. A compression fracture was noted at T12 in a 

January 24, 2014, MRI. Dr. Kropac diagnosed lumbosacral strain superimposed on a pre-existing 

T12 compression fracture prior to the May 19, 2014, incident and the diagnosis did not change 

after the alleged injury occurred. The Office of Judges found that Ms. Manes saw Dr. Kropac 

two months prior to the alleged injury for radiating pain and numbness into her left thigh and he 

requested a lumbar MRI. The Office of Judges also noted that Ms. Manes indicated when she 

presented to Princeton Community Hospital emergency room on May 27, 2014, that she had 

back problems and that the condition was not new, had been present since 2013, and had 

gradually worsened. The Office of Judges concluded that Ms. Manes did not sustain a new injury 

2 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

on May 19, 2014. The Board of Review adopted the findings of fact and conclusions of law of 

the Office of Judges and affirmed its Order on December 21, 2015. 

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

Board of Review. Ms. Manes has a history of lower pack and leg pain and numbness. Her 

complaints and diagnosis remained the same before and after the incident occurred, as indicated 

by Dr. Kropac’s treatment notes. A preponderance of the evidence indicates that she did not 

sustain a new injury on May 19, 2014. 

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: 

Chief Justice Menis E. Ketchum 

Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Margaret L. Workman 

Justice Allen H. Loughry II 

3