Automated Summary
Key Facts
Blackhawk Mining, LLC appealed the August 29, 2025 decision of the Intermediate Court of Appeals of West Virginia, which affirmed the December 16, 2024 decision of the West Virginia Workers' Compensation Board of Review. The Board of Review reversed a claim administrator's June 13, 2023 order that granted 9% permanent partial disability, instead awarding 13% permanent partial disability. The dispute centered on impairment ratings from two medical experts - Dr. Mukkamala's 9% rating and Dr. Guberman's 13% rating - with the Board of Review rejecting the former as conclusory and accepting the latter as more reasoned and rational. The Supreme Court of Appeals of West Virginia reviewed the case and found no reversible error, summarily affirming the ICA's decision.
Issues
Whether the Intermediate Court of Appeals of West Virginia erred in affirming the December 16, 2024, decision of the West Virginia Workers' Compensation Board of Review, which reversed the claim administrator's June 13, 2023, order granting 9% permanent partial disability and granted an additional 4% for a total award of 13% permanent partial disability. The employer argues the Board of Review arbitrarily split impairment between compensable and preexisting conditions 50-50 and accepted Dr. Guberman's 13% impairment rating without adequate explanation of its reasoning.
Holdings
The Supreme Court of Appeals of West Virginia summarily affirmed the Intermediate Court of Appeals' decision and the Board of Review's order granting claimant Harold G. Elswick II 13% permanent partial disability. The court found no reversible error in the Board's reliance on Dr. Bruce A. Guberman's impairment rating and rejection of Dr. Mukkamala's apportionment, holding that the Board's decision was not clearly wrong.
Remedies
The Supreme Court of Appeals of West Virginia summarily affirms the Intermediate Court of Appeals' decision, which affirmed the Board of Review's award of 13% permanent partial disability to claimant Harold G. Elswick II
Legal Principles
This Court reviews questions of law de novo, while we accord deference to the Board of Review's findings of fact unless the findings are clearly wrong. The court applies the 'clearly wrong' standard when reviewing factual findings in workers' compensation appeals.
Precedent Name
Duff v. Kanawha County Commission
Judge Name
- Chief Justice C. Haley Bunn
- Justice William R. Wooton
- Justice Gerald M. Titus III
- Justice Charles S. Trump IV
- Justice Thomas H. Ewing
Passage Text
- The issue on appeal is whether the ICA erred in affirming the December 16, 2024, decision of the West Virginia Workers' Compensation Board of Review, which reversed the claim administrator's June 13, 2023, order granting 9% permanent partial disability. The Board of Review granted an additional 4% for a total award of 13% permanent partial disability.
- Upon consideration of the record and briefs, we find no reversible error and therefore summarily affirm. The ICA found that the Board of Review was not clearly wrong in relying on Dr. Guberman's report, noting that the American Medical Association's Guides to the Evaluation of Permanent Impairment contemplate rounding up percentages of apportionment.
- The employer argues that Dr. Guberman's 13% impairment rating was based on arbitrary apportionment between compensable and preexisting conditions 50-50, similar to the disapproved method in Duff v. Kanawha County Commission. The employer also contends that Dr. Guberman rounded up when calculating impairment without sufficient rationale.