Frederick G. Stollings v. Apogee Coal Co.

Summary

The Supreme Court of Appeals of West Virginia affirmed a decision awarding Frederick G. Stollings 7% permanent partial disability benefits for a compensable spinal injury. The court held that the medical evaluator's impairment recommendation did not patently deviate from the applicable American Medical Association Guides, while the competing evaluation was invalid because it apportioned pre-existing impairment at the wrong stage of the analysis.

Holdings

1. Dr. Mir’s recommendation was sufficient because his decision not to use Table 75 did not constitute a patent deviation from the American Medical Association’s Guides or the Court’s prior rulings.
2. Dr. Guberman’s recommendation was invalid because he apportioned for pre-existing conditions before applying West Virginia Code of State Rules § 85-20.
3. The Board of Review’s decision affirming a 7% permanent partial disability award was affirmed.

Questions Presented

1. Whether the Board of Review properly affirmed a 7% permanent partial disability award based on Dr. Mir’s evaluation despite his not using Table 75 of the American Medical Association’s Guides.
2. Whether Dr. Guberman’s impairment recommendation was invalid because he apportioned for pre-existing conditions before applying West Virginia Code of State Rules § 85-20.
3. Whether the Board of Review’s decision violated a constitutional or statutory provision, resulted from an erroneous conclusion of law, or was based on a material misstatement or mischaracterization of the evidentiary record.

Disposition

affirmed