William C. Porter v. Consolidation Coal Company Morgantown Region
Docket: 11-1743
Court: West Virginia Supreme Court; October 24, 2013; West Virginia; State Supreme Court
Original Court Document: View Document
William C. Porter appealed a decision from the West Virginia Workers’ Compensation Board of Review regarding his claim for additional disability benefits related to occupational pneumoconiosis. The appeal arose from a Final Order dated December 1, 2011, which affirmed a prior decision from the Workers’ Compensation Office of Judges. The claims administrator had previously granted Porter a 5% permanent partial disability award but denied any additional compensation based on findings from the Occupational Pneumoconiosis Board that indicated Porter had occupational pneumoconiosis without measurable impairment. Following his retirement, Porter was re-evaluated by the Occupational Pneumoconiosis Board, which confirmed the presence of pneumoconiosis but found no significant pulmonary impairment through various tests, including diffusion studies. Although one study suggested 10% impairment, the Board favored its own findings, which indicated no impairment, leading to the conclusion that Porter had been fully compensated by the initial award. The Office of Judges upheld this decision, agreeing that the Occupational Pneumoconiosis Board's conclusions were not clearly wrong. The Supreme Court of Appeals reviewed the case, finding no substantial legal questions or prejudicial errors, and determined that oral arguments were unnecessary. The Court affirmed the lower decisions, concluding that Porter’s prior award adequately compensated him for his condition without any demonstrable impairment. The Office of Judges determined that the diffusion study tests with the highest volumes are the most accurate indicators of pulmonary function, highlighting that the Occupational Lung Center's study showed significantly lower volumes compared to others. All spirometry tests were normal. The Board of Review upheld the Office of Judges' findings, which indicated that Mr. Porter has occupational pneumoconiosis without measurable impairment, a conclusion supported by the overall record. The Occupational Pneumoconiosis Board effectively differentiated its diffusion study results from those of the Occupational Lung Center, asserting its study as a more accurate reflection of Mr. Porter's condition. The Board has not been proven clearly wrong in its findings. Mr. Porter has been fully compensated with a previous 5% permanent partial disability award for his occupational pneumoconiosis claim. The decision of the Board of Review was found to comply with all constitutional and statutory provisions, without erroneous legal conclusions or material misstatements in the evidence. Thus, the decision is affirmed.