Summary
The West Virginia Supreme Court of Appeals reviewed a workers’ compensation dispute concerning Joshua G. Lilly’s permanent partial disability award following a vehicle collision. The court reversed the Board of Review’s decision reinstating a 4% award and remanded with instructions to reinstate the Office of Judges’ 12% award, including 8% impairment for the lumbar spine and 4% for the right knee.
Topics
Practice areas
Questions Presented
- Whether the Workers’ Compensation Board of Review materially mischaracterized the reliability of Dr. Walker's evaluation and improperly reversed the Office of Judges' 12% permanent partial disability award.
- Whether Lilly was entitled to an additional 8% permanent partial disability award for lumbar-spine impairment in addition to the 4% award for his right knee.
Holdings
- The Board of Review's decision was based on a material misstatement or mischaracterization of the evidentiary record and lacked sufficient justification under West Virginia Code § 23-5-12(b) for reversing the Office of Judges.
- Lilly was entitled to a 12% permanent partial disability award consisting of 4% impairment for the right knee and an additional 8% impairment for the lumbar spine.
Key quotations
“The Board of Review did not provide sufficient justification for reversing the Order of the Office of Judges under West Virginia Code § 23-5-12(b) (2006).” (2)
“For the foregoing reasons, we find that the decision of the Board of Review is based upon a material misstatement or mischaracterization of the evidentiary record.” (2)
Factual background
Lilly was injured in a January 14, 2010, head-on vehicle collision while working for Alpha Engineering Services, sustaining injuries to his lower back and right knee. The claim was held compensable for, among other conditions, a lumbar sprain and a knee meniscus injury, and Lilly underwent right-knee surgery. Medical evaluators agreed on 4% impairment for the knee, but Dr. Walker found an additional 8% lumbar-spine impairment, while Drs. Grady and Guberman found no ratable lumbar impairment. The Office of Judges credited Dr. Walker's evaluation and awarded 12% total impairment, but the Board of Review credited Dr. Guberman and reinstated the 4% award.
Procedural history
The claims administrator granted Lilly a 4% permanent partial disability award for his right knee. The Workers’ Compensation Office of Judges reversed and awarded an additional 8% for lumbar-spine impairment, for a total award of 12%. The Board of Review reversed the Office of Judges and reinstated the 4% award, and Lilly appealed to the Supreme Court of Appeals of West Virginia.
Remand instructions
Reverse the Board of Review's decision and remand with instructions to reinstate the April 10, 2013, Order of the Workers’ Compensation Office of Judges awarding Lilly 12% permanent partial disability.