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Phyllis Harrison v. W. Va. Office of Insurance Commissioner/Phyllis Harrison d/b/a Phyllis's Hair Boutique
Citation: Not availableDocket: 11-0735
Court: West Virginia Supreme Court; February 4, 2013; West Virginia; State Supreme Court
Original Court Document: View Document
Phyllis Harrison, the petitioner, appeals a decision from the West Virginia Workers’ Compensation Board of Review regarding her claim for permanent partial disability following a work-related injury to both shoulders sustained on October 25, 2007. The Board affirmed a November 19, 2010, Order of the Workers’ Compensation Office of Judges, which upheld the claims administrator’s October 5, 2009 decision granting her a 14% permanent partial disability award. Harrison contended that she is entitled to a 16% award based on an independent medical evaluation by Dr. Guberman, who recommended the higher percentage. However, evaluations by Dr. Mukkamala and Dr. Mir, conducted later, supported a 14% award. The Office of Judges concluded that the 14% recommendations were more reliable, considering the timing of the evaluations and Harrison's ongoing physical therapy. The Board of Review agreed with this assessment. After reviewing the case, the West Virginia Supreme Court found no substantial legal issues or prejudicial errors in the decisions below. Consequently, the Board of Review's decision was affirmed, with no violations of constitutional or statutory provisions noted in the ruling. The Court's decision was issued on February 5, 2013, and was concurred by all justices involved.