Davies v. Wv Office of the Insurance Commission, 35550 (w.va. 4-1-2011)

DAVIS, Justice:

In this appeal from a decision of the Workers’ Compensation Board of Review (hereinafter referred to as “the Board of Review”), Timothy E. Davies, claimant below and appellant (hereinafter referred to as “Mr. Davies”), appeals his award of 2% permanent partial disability (hereinafter referred to as “PPD”) for cai’pal tunnel syndrome. Mr. Davies contends that a proper application of the relevant Workers’ Compensation rale, W. Va.C.S.R. § 85-20-64.5 (2004), results in his entitlement to a 6% PPD award. We find that W. Va.C.S.R. § 85-20-64.5 is invalid as it applies in this case.…