Employers and insurers should take note of a West Virginia Supreme Court decision involving permanent total disability thresholds. In March 2017, the Court issued its decision in Cooper v. Appalachian Power Company, determining that the Rule 20 spine impairment tables must be used when calculating whole body medical impairment ratings in WV.
WV Supreme Court: Rule 20 Spine Impairment Tables Should Have Been Applied to Determine Whole Body Medical Impairment
Employers and insurers should take immediate note of a recent West Virginia Supreme Court decision involving permanent total disability thresholds. Late last week, the Court issued its decision in Cooper v. Appalachian Power Company.
Whole Body Medical Impairment Threshold under Consideration by WV Supreme Court
Employers across the state of West Virginia are waiting for the West Virginia Supreme Court of Appeals to issue its decision in a case involving permanent total disability (PTD). Argued on February 14, 2017, the case involves the proper application of West Virginia Code § 23-4-6(n)(1), the West Virginia Code of State Rules § 85-20-64.1 (Rule 20), as well as the court's previous holding in Bowles v. The New West Virginia Mining Co., No. 14-1066 (July 9, 2015), as they relate to the required threshold of impairment for PTD.
