Brian Caldwell v. Newtown Energy, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision awarding Brian Caldwell 12% permanent partial disability for cervical and shoulder injuries sustained while working as an underground coal miner. The court held that the impairment rating was supported by the only medical evidence and was consistent with the applicable American Medical Association Guides and West Virginia regulations.

Holdings

1. Caldwell was not entitled to a permanent partial disability award greater than 12% for his cervical and shoulder injuries because the only impairment evidence supported the 12% rating.
2. Caldwell failed to establish that West Virginia Code of State Rules §§ 85-20-64.1, 85-20-64.2, or 85-20-E were invalid or in conflict with West Virginia Code § 23-4-6(i).

Questions Presented

1. Whether Caldwell was entitled to an additional 2% permanent partial disability award for his cervical injury based solely on the impairment rating initially calculated under the American Medical Association’s Guides to the Evaluation of Permanent Impairment.
2. Whether West Virginia Code of State Rules §§ 85-20-64.1, 85-20-64.2, and 85-20-E were invalid or conflicted with West Virginia Code § 23-4-6(i).

Disposition

affirmed