James R. Orren v. Magnum Coal Company

Summary

The Supreme Court of Appeals of West Virginia affirmed a Board of Review decision awarding James R. Orren a total of 5% permanent partial disability for his compensable right ankle injury. The court held that Orren was not entitled to an additional award based on claimed varus deformity or right knee impairment.

Holdings

1. The Board of Review did not clearly violate a constitutional or statutory provision, reach an erroneous conclusion of law, or materially misstate or mischaracterize the evidentiary record by affirming an additional 2% award, resulting in a total 5% permanent partial disability award for the right ankle.
2. An appellate court will not disturb the Board of Review's decision when it is not in clear violation of a constitutional or statutory provision, is not clearly the result of an erroneous conclusion of law, and is not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Orren was entitled to an additional 5% permanent partial disability award based on the entirety of Dr. Guberman's impairment assessment, including impairment for varus deformity.
2. Whether the Board of Review clearly erred by affirming the Office of Judges' award of only an additional 2% permanent partial disability for the compensable right ankle injury.

Disposition

affirmed