SWVA, Inc. v. Edward Birch

Benjamin, Justice:

In this workers’ compensation' case, the Petitioner, SWVA, Inc., appeals an April 18, 2014, final decision of the West Virginia Workers’ Compensation Board of Review (“BOR”). The BOR affirmed a November 7, 2013, Order of the Workers’ Compensation Office of Judges (“OOJ”), in which the OOJ reversed a November 15, 2011, claims administrator’s decision to grant the claimant, Edward Birch, an 8% permanent partial disability (“PPD”) award. The OOJ granted an additional 5% PPD award for a total of 13%. On appeal, we asked the parties to answer the following question: what is the…