CHARLESTON — The West Virginia Intermediate Court of Appeals ruled that a man was rightfully awarded only 5 percent permanent partial disability.
The Office of Judges correctly determined that Dr. Ranavaya’s report was unsupportable because it exceeded the maximum impairment allowed under Lumbar Category III.
"As found by the OOJ, Mr. Berry did not qualify for a higher category...nor did any doctor assign Mr. Berry to a higher category," the Jan. 10 decision states. "We find no error in the OOJ’s determination, as affirmed by the Board, that Dr. Mukkamala’s report was reliable, and that Mr. Berry failed to prove that he qualified for more than a 5 percent permanent partial disability award."
The OOJ, as affirmed by the Workers' Compensation Review Board, was not clearly wrong in affirming the claim administrator’s order granting Randy Berry a 5 percent permanent partial disability award.
Berry injured his lumbar spine in the course of his work with Toyota on July 20, 2020, when he pulled on a transmission that was falling, the decision states.
Following this, Berry experienced low back pain radiating into both hips. Prior to the incident, Berry had undergone surgery for lumbar intervertebral disc disorder and lumbar radiculopathy.
Dr. Panos Ignatiadis performed the previous, non-compensable surgery, and he also examined Berry on Sept. 2, 2020, and determined that Berry’s symptoms were related to scar tissue — a result of the prior surgery — causing radiculopathy.
Dr. John R. Orphanos reviewed July 31, 2020, MRI and concurred that there was scar tissue from the prior surgery and diagnosed spinal stenosis.
Dr. Prasadarao B. Mukkamala performed an independent examination in September 2020 and adjusted his impairment to 13 percent to fit within the accepted range for Category III.
Berry protested an order by the claim administrator to only grant 5 percent permanent partial disability and pointed to Mukkamala's order. He also submitted a report by Dr. Mohammed Ranavaya who noted him to have a 24 percent impairment.
"Upon our review, we find no error," the court stated. "Mr. Berry's argument that Dr. Ranavaya’s report is appropriate is not supported by West Virginia Code of State Rules..."
The intermediate court affirmed the board's decision.
West Virginia Intermediate Court of Appeals case number: 22-ICA-53
