Alvin Flint v. Arch Coal, Inc.

Citation: Not availableDocket: 21-0298

Court: West Virginia Supreme Court; September 19, 2022; West Virginia; State Supreme Court

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Alvin Flint appeals a decision from the West Virginia Workers' Compensation Board of Review regarding permanent partial disability after sustaining a left shoulder injury on August 9, 2017, while working for Arch Coal, Inc. The claims administrator awarded him a 1% permanent partial disability, which was affirmed by the Office of Judges and the Board of Review. The Supreme Court of Appeals of West Virginia reviewed the case, noting that it found no substantial legal questions or prejudicial errors. The court operates under a standard that gives deference to the Board of Review's findings, allowing for reversal only in cases of clear constitutional or statutory violations, erroneous legal conclusions, or material misstatements of evidence. Flint's injury was initially diagnosed as a strain, and subsequent evaluations, including an MRI and an Independent Medical Evaluation, indicated both new and preexisting conditions. Dr. Joseph Grady assessed Flint's impairment at 5% for range of motion loss, adjusting for preexisting conditions to conclude with a 1% impairment related to the work injury, leading to the claims administrator's award.

Robert Walker, M.D. conducted an Independent Medical Evaluation (IME) on August 2, 2019, diagnosing Mr. Flint with thoracic, lumbar, and left shoulder sprains, noting a prior lumbar injury from 2014. He assessed an 8% impairment of the lumbosacral spine, attributing 2% to preexisting conditions and 6% to the 2014 injury. For the thoracic spine, he found a 5% impairment related to the current injury, and for the left shoulder, a 9% impairment was noted, with 2% apportioned for preexisting acromioclavicular joint arthropathy, resulting in a total impairment of 12%. 

On September 16, 2019, Michael Kominsky, D.C., performed another IME, recommending further physical therapy and a repeat MRI in six months, and assessed a 7% left shoulder impairment, apportioned 1% for preexisting degenerative changes. A subsequent report by Dr. Walker on September 18, 2019, corrected a typographical error regarding the left shoulder impairment, stating it should be 7%. 

Prasadarao Mukkamala, M.D., on November 18, 2019, found Mr. Flint had reached maximum medical improvement for the left shoulder injury, assessing a 5% impairment for the left shoulder and an equal 5% impairment for the uninjured right shoulder, concluding that the claimant had 0% impairment due to the compensable injury. 

In a November 22, 2019, addendum, Dr. Kominsky addressed a clerical error about the injury mechanism but maintained that it did not affect his impairment rating. Dr. Walker also acknowledged a clerical error in a January 4, 2020 report, which he stated did not influence his impairment evaluation. 

The Office of Judges upheld a 1% permanent partial disability award on October 15, 2020, for the left shoulder strain, rejecting claims for lower back and thoracic injuries. They determined Dr. Grady’s evaluation was the most reliable, yielding a 3% left shoulder impairment with 2% apportioned for preexisting changes. Although initially unclear on the mechanism of injury, this did not impact his rating. The Office of Judges found Dr. Walker’s report unreliable due to assessments of noncompensable conditions and confusing range of motion measurements. Dr. Kominsky’s report was also deemed inadequate as it did not establish maximum medical improvement and lacked detail on a prior right shoulder injury mentioned, which was not corroborated by other records.

The Office of Judges deemed Dr. Kominsky’s report unreliable. In contrast, Dr. Mukkamala's report, submitted by the employer, indicated a 5% impairment in both the injured and uninjured shoulder but ultimately concluded that there was 0% impairment related to the compensable injury. Consequently, the Office of Judges determined that Mr. Flint did not present convincing evidence to prove that his permanent partial disability exceeded 1%. The Board of Review endorsed the Office of Judges' findings and conclusions, affirming its Order on March 18, 2021. The reports of Drs. Grady and Mukkamala were identified as the most credible, with Dr. Grady noting a 1% impairment and Dr. Mukkamala confirming 0% impairment from the compensable injury. As a result, Mr. Flint's claim for a higher permanent partial disability award was denied, and the 1% award was upheld. The decision was affirmed on September 19, 2022, with concurrence from multiple justices.