Ricky Meadows v. Kingston Mining, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Workers’ Compensation Board of Review’s decision awarding Ricky Meadows a 15% permanent partial disability rating for his cervical spine and 0% for his thoracic spine. The court concluded that the Board’s decision was not clearly erroneous or based on a material misstatement of the evidence.

Holdings

1. The Board of Review did not err in affirming a 0% permanent partial disability award for the thoracic spine.
2. The 15% permanent partial disability award for the cervical spine was supported by the medical evidence and was properly affirmed.

Questions Presented

1. Whether the Board of Review erred in affirming a 0% permanent partial disability rating for the thoracic spine despite two physicians assigning a 5% thoracic-spine impairment.
2. Whether the evidentiary record supported a 15% permanent partial disability award for the cervical spine.

Disposition

affirmed