Robert L. Lewis v. Laurel Coal Corp.

Citation: Not availableDocket: 12-0354

Court: West Virginia Supreme Court; June 11, 2014; West Virginia; State Supreme Court

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Robert L. Lewis, the petitioner, appeals a decision from the West Virginia Workers’ Compensation Board of Review concerning his lower back injury sustained while working for Laurel Coal Corporation on April 23, 2009. The appeal follows a Final Order dated February 17, 2012, which upheld a July 6, 2011, ruling by the Workers’ Compensation Office of Judges. This ruling affirmed a claims administrator's December 29, 2009, decision that granted no additional permanent partial disability (PPD) award beyond a previous 13% PPD award related to an earlier back injury.

Lewis argues he is entitled to an additional 10% PPD award based on a report by Dr. Bruce Guberman, who assessed his condition and suggested further compensation. Conversely, the employer, Laurel Coal Corporation, contends that Lewis has already been fully compensated by the prior 13% award. Dr. Prasadarao Mukkamala also evaluated Lewis and concluded that the prior award fully compensated him for his impairment.

The Office of Judges found the evidence did not support Lewis’s claim for additional compensation and noted that Dr. Guberman’s methodology would allow Lewis to effectively "double dip." The Board of Review agreed with this assessment, affirming the conclusions of the Office of Judges.

The Supreme Court of Appeals reviewed the entire record, determined there were no substantial legal questions or prejudicial errors, and upheld the Board of Review's decision, affirming that Lewis was not entitled to further compensation. The ruling was issued on June 11, 2014, with a unanimous concurrence from all justices present.