Danny M. Brinkley v. Brody Mining, LLC

Summary

The Supreme Court of Appeals of West Virginia affirmed a Workers’ Compensation Board of Review decision awarding Danny M. Brinkley 2% permanent partial disability for a compensable workplace injury. The court held that the evidentiary record supported awards of 1% impairment for the left upper extremity and 1% for the left ankle, rejecting Brinkley’s request for a 5% award.

Holdings

1. The Board of Review did not commit reversible error by affirming a 2% permanent partial disability award.
2. The evidentiary record supported a total 2% permanent partial disability award, consisting of 1% for the left upper extremity and 1% for the left ankle.

Questions Presented

1. Whether the Board of Review erred in affirming a 2% permanent partial disability award rather than awarding the 5% impairment assessed by one independent medical evaluator.
2. Whether the evidentiary record supported the determination that Brinkley had 1% impairment of the left upper extremity and 1% impairment of the left ankle.

Disposition

affirmed