STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

November 22, 2013 

RORY L. PERRY II, CLERK 

LEE R. WALKER, SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 12-0325	 (BOR Appeal No. 2046424) 

(Claim No. 2005009878) 

WEST VIRGINIA OFFICE OF 

INSURANCE COMMISSIONER 

Commissioner Below, Respondent 

and 

STAR MANUFACTURING, INC., 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Lee R. Walker, by John Blair, his attorney, appeals the decision of the West 

Virginia Workers’ Compensation Board of Review. The West Virginia Office of Insurance 

Commissioner, by David Stuart, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated February 16, 2012, in 

which the Board affirmed a September 2, 2011, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s May 12, 2011, 

decision denying Mr. Walker’s request to reopen the claim on a permanent partial disability 

bases. The Court has carefully reviewed the records, written arguments, and appendices 

contained in the briefs, and the case is mature for consideration. 

This Court has considered the parties’ briefs and the record on appeal. The facts and legal 

arguments are adequately presented, and the decisional process would not be significantly aided 

by oral argument. Upon consideration of the standard of review, the briefs, and the record 

presented, the Court finds no substantial question of law and no prejudicial error. For these 

reasons, a memorandum decision is appropriate under Rule 21 of the Rules of Appellate 

Procedure. 

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Mr. Walker sustained multiple injuries on September 1, 2004, while working for Star 

Manufacturing. On August 12, 2005, he was granted a 9% permanent partial disability award 

based on an independent medical evaluation performed by Dr. Grady. On December 15, 2006, 

the claim was held compensable for headaches, depressive disorder, anxiety state, open wound of 

the face, mandible fracture, and unspecified closed left ankle fracture. On May 12, 2011, the 

claims administrator denied Mr. Walker’s request to reopen the claim on a permanent partial 

disability basis based on a finding that the request is time-barred pursuant to West Virginia Code 

§ 23-4-16(a)(2) (2005). 

In its Order affirming the May 12, 2011, claims administrator’s decision, the Office of 

Judges found that there is insufficient evidence included in the record to overturn the claims 

administrator’s decision. Mr. Walker disputes this finding and asserts that he is entitled to an 

additional independent medical evaluation and a neuropsychiatric evaluation. 

As noted by the Office of Judges, the evidentiary record in the instant case is sparse. The 

Office of Judges noted that Mr. Walker relies on an Order from this Court dated July 29, 2010, 

which found that depressive disorder, headaches, anxiety, and cervical strain are compensable 

components of the claim, and which further directed the claims administrator to pay for medical 

treatment related to those conditions. The Office of Judges found that the July 29, 2010, Order is 

not in the evidentiary record. The Office of Judges noted that it may only make decisions based 

upon the evidence of record, and found that based upon the evidentiary record it cannot be 

concluded that the claims administrator’s decision was erroneous. The Board of Review reached 

the same reasoned conclusions in its decision of February 16, 2012. We agree with the reasoning 

and conclusions of the Board of Review. 

For the foregoing reasons, we find that the decision of the Board of Review is not in clear 

violation of any constitutional or statutory provision, nor is it clearly the result of erroneous 

conclusions of law, nor is it based upon a material misstatement or mischaracterization of the 

evidentiary record. Therefore, the decision of the Board of Review is affirmed. 

Affirmed. 

ISSUED: November 22, 2013 

CONCURRED IN BY: 

Chief Justice Brent D. Benjamin 

Justice Robin J. Davis 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II 

DISSENTING: 

Justice Margaret L. Workman 

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