Fraley v. Alpha Natural Resources, Inc.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review's reinstatement of a 19% permanent partial disability award to Roger D. Fraley. The court held that the record established a definitely ascertainable preexisting cervical impairment and that the impairment apportionment supported by Dr. Mukkamala's evaluation was the most reliable. The court found no substantial question of law or prejudicial error and issued a memorandum decision under Rule 21.

Holdings

1. When determining a permanent partial disability award for a compensable injury accompanied by a noncompensable, definitely ascertainable preexisting impairment, the impairment attributable to the preexisting condition must be deducted from the final whole-person impairment rating determined under West Virginia Code of State Rules § 85-20.
2. The Board of Review properly reinstated the claims administrator's 19% permanent partial disability award because Dr. Mukkamala's evaluation was the only reliable evaluation supporting an apportionment for preexisting cervical impairment.

Questions Presented

1. Whether the Board of Review erred in finding that Fraley had a definitely ascertainable preexisting cervical impairment requiring apportionment.
2. Whether the Board of Review properly reinstated the claims administrator's 19% permanent partial disability award based on Dr. Mukkamala's evaluation.

Disposition

affirmed