United Coal Company, LLC v. Nicholas J. Currence

Citation: Not availableDocket: 19-0049

Court: West Virginia Supreme Court; December 5, 2019; West Virginia; State Supreme Court

Original Court Document: View Document

SummaryOriginalCytator Case TreatmentAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

United Coal Company, LLC, is appealing a decision from the West Virginia Workers’ Compensation Board of Review concerning the permanent partial disability award for claimant Nicholas J. Currence. Initially, the claims administrator awarded Currence an 18% permanent partial disability on January 10, 2017. However, the Office of Judges reversed this decision on August 10, 2018, increasing the award to 32%, which was later affirmed by the Board of Review on December 21, 2018.

The Court reviewed the relevant records and found no substantial legal questions or prejudicial errors, deeming the case mature for consideration without oral argument. Currence, a coal miner, sustained injuries on July 21, 2015, after being caught in a conveyor belt, resulting in non-displaced cervical fractures and other injuries. His treatment included hospitalization, with various assessments by Dr. Uzer Kahn and Dr. David Lynch, who noted worsening conditions and multiple diagnoses over time. 

Dr. Joseph Grady conducted an independent medical evaluation on November 30, 2016, assessing a total impairment of 15% based on several injuries. After reviewing additional documentation, he revised his assessment to a combined total of 18% impairment, which included specific ratings for cervical spine injuries, lumbar issues, and lower extremity conditions.

An 18% permanent partial disability award was initially granted to Mr. Currence on January 10, 2017. An independent medical evaluation by Dr. Robert Walker on February 2, 2017, indicated an 11% cervical spine impairment for range of motion loss, plus an additional 4% impairment according to the AMA Guides, leading to an adjusted rating of 8% for cervical impairment. He assessed 5% impairment for the thoracic spine and 8% for the lumbar spine, totaling 19% impairment, noting that the lumbar spine did not receive a Table 75 rating due to the cervical spine being the primary involved region. 

Dr. Christopher Martin's evaluation on April 9, 2018, resulted in a 10% cervical spine impairment, adjusted to 8%, with 0% impairment for the lumbar spine and 6% for persistent swelling in the left leg, totaling 15%. The Office of Judges overturned the initial 18% award, granting 32% instead, citing Dr. Walker's report as the most reliable due to its comprehensive assessment of the thoracic spine, which Drs. Martin and Grady failed to evaluate. The claim involved separate fractures at C7 and T1, necessitating distinct ratings for each spinal region.

The Office of Judges rejected Dr. Martin's reliance on the DRE method from the 5th edition of the AMA Guides, highlighting that West Virginia law has not adopted this edition and previously invalidated the DRE method. They affirmed that each spinal region should be assessed separately according to the 4th edition of the AMA Guides. 

Concerning the lower extremity impairment, the Office of Judges deemed Dr. Walker’s finding of 16% reliable, noting all physicians recognized left lower extremity edema. Dr. Walker found 39% impairment, while Drs. Grady and Martin assessed 15%. The Office concluded Mr. Currence met the impairment criteria in Table 69, as he demonstrated persistent moderate edema, despite Dr. Grady’s note on Mr. Currence's refusal to wear elastic support due to discomfort.

Dr. Walker documented severe swelling in Mr. Currence through photographs, a finding supported by Drs. Grady and Martin, who noted chronic swelling as well. The Office of Judges criticized Dr. Grady for failing to explain his assessment of 15% impairment due to edema and stated that Dr. Martin limited his assessment to 15% because Mr. Currence does not wear elastics. The Office found Mr. Currence had severe edema, corroborated by Dr. Walker’s photographs.

In regard to the lumbar spine, the Office found Dr. Walker's assessment of 8% impairment aligned with Dr. Grady’s evaluation of 5% impairment, placing Mr. Currence in Lumbar Category II, which permits 5-8% impairment. Dr. Martin's 0% impairment finding was deemed unreliable since his examination indicated 5% impairment. Consequently, the Office concluded that Mr. Currence is entitled to a 32% permanent partial disability award.

The Board of Review adopted the Office of Judges' findings and affirmed the Order on December 21, 2018. The review confirmed that the reasoning and conclusions made by the Office of Judges, endorsed by the Board of Review, were valid and adhered to the AMA Guides and relevant state regulations. The decision was found not to violate any constitutional or statutory provisions and was sufficiently supported by the evidentiary record. Thus, the decision of the Board of Review was affirmed on December 6, 2019, with the concurrence of the Chief Justice and other Justices.