Jeff Adkins v. Pritchard Electric Company, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision awarding Jeff Adkins 2% permanent partial disability for injuries sustained while working as a journeyman electrician for Pritchard Electric Company. The court agreed that the evidentiary record supported 2% whole person impairment for the right shoulder and no impairment for the right elbow or lower extremity. The decision was issued as a memorandum decision, with Justice Menis E. Ketchum dissenting.

Holdings

1. The Board of Review properly affirmed the award of 2% permanent partial disability because the preponderance of the evidence supported 2% impairment attributable to the compensable right shoulder injury and no impairment attributable to the right elbow, knee, ankle, or other right lower-extremity injuries.

Questions Presented

1. Whether the Board of Review erred in affirming a 2% permanent partial disability award for Adkins's compensable workplace injuries.
2. Whether the evidentiary record supported rejecting the higher impairment ratings assigned by Dr. Poletajev.

Disposition

affirmed