Kanawha Valley Operations v. Jeffrey Miller

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision awarding Jeffrey Miller an additional 4% permanent partial disability for a left shoulder injury, for a total award of 7%. The court held that the medical evaluation supporting the 7% impairment was reliable and that the Board properly denied the employer’s motion to remand for consideration of additional evidence.

Holdings

1. The Board of Review properly affirmed the Office of Judges' determination that Miller was entitled to a total 7% permanent partial disability award for his left shoulder injury because Dr. Guberman's sufficiently reliable evaluation was the only disability evidence submitted into the record.
2. The Board of Review properly denied the employer's motion to remand because the employer did not show good cause for submitting additional evidence after having ten months to submit evidence and failing to participate in the litigation.

Questions Presented

1. Whether the Board of Review properly affirmed an award of 7% permanent partial disability based on Dr. Guberman's evaluation.
2. Whether the Board of Review properly denied the employer's motion to remand for consideration of Dr. Bachwitt's evaluation.

Disposition

affirmed