Divided Supreme Court Upholds Reduction of Worker's Impairment Rating

A divided West Virginia Supreme Court upheld a decision of the Board of Review to reduce a worker’s impairment rating from the 43% rating provided by the Office of Judges to 37%. Case: Lester v. Apogee Coal Co., No. 21-0602, 05/02/2023, published. Facts: Kevin Lester worked for Apogee Coal Co. He suffered multiple injuries in May 2013 in a bulldozer accident. A claims administrator for Apogee’s insurance carrier accepted liability for an injury to the back with lower extremity paresthesia/legs and a closed head injury. In April 2015, Dr. Joseph E. Grady II opined that...