Jesus Munoz v. Mining Controls, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed a Workers’ Compensation Board of Review decision awarding Jesus Munoz 0% permanent partial disability for compensable lumbar sprain injuries. The Court held that the record supported the use of Lumbar Category I under West Virginia Code of State Rules § 85-20-Table C and that Munoz presented no medical evidence refuting the impairment evaluation.

Holdings

1. The Board of Review properly affirmed the 0% permanent partial disability award because the only physician who performed an independent medical evaluation and provided a permanent impairment rating placed Munoz in Lumbar Category I, and Munoz presented no medical evidence to refute that recommendation.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of an erroneous conclusion of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the Board of Review erred by affirming the determination that Munoz belonged in Lumbar Category I rather than Lumbar Category II under West Virginia Code of State Rules § 85-20-Table C.
2. Whether the Board of Review’s decision affirming a 0% permanent partial disability award violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or rested on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed