Gary Bailey v. BJ Services Co.

Summary

The West Virginia Supreme Court of Appeals affirmed a decision denying Gary Bailey more than a 0% permanent partial disability award for a compensable lumbosacral strain. The court held that the medical evidence supported a finding of 0% impairment attributable to the compensable injury and that the additional conditions underlying a higher impairment rating were not compensable under the claim.

Holdings

1. Bailey was not entitled to more than a 0% permanent partial disability award because the only compensable condition was the lumbosacral strain, and the reliable medical evidence established 0% whole person impairment attributable to that condition.
2. The Board of Review's decision was not clearly erroneous, legally erroneous, constitutionally or statutorily invalid, or based on a material misstatement or mischaracterization of the evidence.

Questions Presented

1. Whether the Board of Review erred in affirming a 0% permanent partial disability award for Bailey's compensable lumbosacral strain.
2. Whether the Office of Judges properly relied on Dr. Grady's 0% impairment evaluation and rejected Dr. Snead's higher impairment ratings because they were based on noncompensable conditions and did not follow West Virginia Code of State Rules § 85-20-C.

Disposition

affirmed