The Hazards Of State Bar Employment

The West Virginia Supreme Court of Appeals has held that an employee of the State Bar failed to prove that her work caused her condition

Ms. Gresham, an MCLE coordinator, alleges that she developed carpal tunnel syndrome in the course of her employment. Treatment notes by Marietta Babayev, M.D., from January of 2013 indicate that Ms. Gresham reported bilateral hand numbness. An EMG revealed severe bilateral carpal tunnel syndrome, worse on the right; mild left cubital tunnel syndrome; ulnar nerve entrapment at the elbow; and chronic bilateral cervical radiculopathy. Dr. Babayev later opined that the carpal tunnel syndrome was an occupational disease caused by repetitive use of the hands while doing data entry for twenty-six years. Ms. Gresham was referred to Robert Crow, M.D., who found that she had long standing complaints consistent with carpal tunnel syndrome. He also determined that she had neck pain but no radiculopathy, high blood pressure, and osteoarthritis. He recommended surgery on the right hand. Ms. Gresham completed an injured worker questionnaire for carpal tunnel syndrome in which she reported that she has a cervical disc disorder, cervical spondylosis or arthritis, stiff neck/neck pain, high blood pressure, and obesity. An employee questionnaire was also completed for the West Virginia State Bar by Sarah Jones. She stated that Ms. Gresham had been an employee since 1986. Her duties include data entry and emailing using a computer. Her normal work speed was listed as fair out of a possible answer of very slow, slow, fair, fast, and very fast.

The court affirmed conclusions on behalf of the State Bar

On appeal, Ms. Gresham argues that she performed intensive typing at a fast pace for twenty-six years. She further asserts that the Office of Judges’ Order was supported by the evidentiary record, and the Board of Review was wrong to reverse the decision. The West Virginia State Bar argues that Dr. Mukkamala’s report shows that Ms. Gresham did not develop carpal tunnel syndrome as a result of her normal clerical duties. It also asserts that her work was not found to involve the force necessary to develop the condition.

After review, we agree with the reasoning and conclusions of the Board of Review. Ms. Gresham’s job is clerical in nature. West Virginia Code of State Rules § 85-20-41.5 states that normal clerical work does not cause carpal tunnel syndrome. Even though her work load may be large, her duties are still clerical in nature. Additionally, she has an increased body mass, a nonoccupational risk factor for the development of 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 based upon a material misstatement or mischaracterization of the evidentiary record. Therefore, the decision of the Board of Review is affirmed.