Grimstone Mining, LLC v. James Church

IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED GRIMSTONE MINING, LLC, June 27, 2025 Employer Below, Petitioner ASHLEY N. DEEM, CHIEF DEPUTY CLERK INTERMEDIATE COURT OF APPEALS v.) No. 24-ICA-477 (JCN: 2023007347) OF WEST VIRGINIA JAMES CHURCH, Claimant Below, Respondent MEMORANDUM DECISION Petitioner Grimstone Mining, LLC, (“Grimstone”) appeals the October 29, 2024, order of the Workers’ Compensation Board of Review (“Board”). Respondent James Church timely filed a response.1 Grimstone did not reply. The issue on appeal is whether the Board erred in reversing the claim administrator’s order, which granted a 25% permanent partial disability (“PPD”) award, and instead granting an additional 32% PPD award for a total PPD award of 57%. This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51- 11-4 (2024). After considering the parties’ arguments, the record on appeal, and the applicable law, this Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the Board’s order is appropriate under Rule 21 of the Rules of Appellate Procedure. Mr. Church was employed by Grimstone as an equipment operator/truck driver. He filed an Employees’ and Physicians’ Report of Occupational Injury dated September 24, 2021, which stated that he was injured on September 8, 2021, when he was involved in an accident while driving a tractor-trailer. The physician’s portion of the form was completed by Frank Lucente, M.D., at Charleston Area Medical Center. Dr. Lucente indicated that Mr. Church sustained an occupational injury to his neck, ribs, arm, and nose. On October 13, 2021, the claim administrator issued an order that held the claim compensable for fracture of right C7 transverse process, unspecified displaced fracture of sixth cervical vertebra, unspecified injury at C5 level of cervical spinal cord, and left distal radius fracture. 1 Grimstone is represented by Jane Ann Pancake, Esq. Mr. Church is represented by Gregory S. Prudich, Esq. 1  On October 3, 2022, Prasadarao Mukkamala, M.D., performed an independent medical evaluation (“IME”) of Mr. Church. Mr. Church reported diminished coordination and strength in the upper and lower extremities, in addition to pain in the neck and back. Dr. Mukkamala diagnosed a motor vehicle accident resulting in fractures of the ribs on the right 7 through 9, healed with no residual issues, and fracture of the left distal radius, healed. He also noted that Mr. Church had an injury to his neck, which required fixation of C4 and C6-C7 and cervicothoracic decompression and fusion from C2 through T1. Mr. Church also underwent a closed reduction for the left distal radius fracture. According to Dr. Mukkamala, Mr. Church had an incomplete spinal cord injury with quadriparesis. Mr. Church used a walker, and he had impaired coordination, diminished strength, and neck and back pain. Dr Mukkamala indicated that Mr. Church does not require any further treatment, other than periodic follow up, and placed Mr. Church at maximum medical improvement (“MMI”). However, Dr. Mukkamala also noted that Mr. Church was not currently capable of returning to work. Using the American Medical Association’s Guides to the Evaluation of Permanent Impairment (4th ed. 1993), and Rule 20, Dr. Mukkamala determined Mr. Church’s impairment rating. With regard to the neck and cervical spine, Dr. Mukkamala opined that Mr. Church had 13% whole person impairment (“WPI”) for loss of range of motion, and 14% WPI for the surgery to the cervical spine, which he combined for a total of 25% impairment. Dr. Mukkamala also indicated that Mr. Church had an incomplete spinal cord injury and placed him in the lower end of class II for 10% WPI. Further, Dr. Mukkamala determined that Mr. Church had 10% WPI for upper extremity impairment. Dr. Mukkamala opined that Mr. Church had extensive degenerative changes at the cervical spine that were partly responsible for the extensive surgical procedure and incomplete spinal cord injury. Dr. Mukkamala combined these figures for a total of 40% WPI, 25% of which he apportioned to the compensable injury, and 15% to the pre-existing noncompensable degenerative condition. On March 10, 2023, Bruce Guberman, M.D., completed an IME of Mr. Church, who reported pain in his cervical spine area three or four days per week, which radiates to the posterior aspect of the head and both shoulders. Mr. Church also reported constant numbness throughout