STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

July 24, 2013 

RORY L. PERRY II, CLERK 

VODRA J. STALNAKER, SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 11-1557	 (BOR Appeal No. 2045812) 

(Claim No. 2000031369) 

ELKEM MANAGEMENT, INC., 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Vodra J. Stalnaker, by Robert M. Williams, his attorney, appeals the decision 

of the West Virginia Workers’ Compensation Board of Review. Elkem Management, Inc., by 

Ann B. Rembrandt, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated October 13, 2011, in 

which the Board affirmed a March 23, 2011, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s November 3, 2009, 

decision, which found that Mr. Stalnaker was fully compensated by his prior 5% permanent 

partial disability award and was not entitled to an additional award for occupational 

pneumoconiosis. 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. 

On December 10, 1999, Mr. Stalnaker filed an application for workers’ compensation 

benefits based on his exposure to the hazards of occupational pneumoconiosis during his twentysix year employment as an end loader and metal processor operator at Elkem Management. He 

stated that his date of last exposure was February 18, 1999. The claims administrator held the 

claim compensable on a non-medical basis and found that Mr. Stalnaker was entitled to the 

presumption that he is suffering from occupational pneumoconiosis, which arose out of and in 

the course of his employment. Mr. Stalnaker was also granted a 5% permanent partial disability 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

award. Almost a decade later, on August 27, 2009, Mr. Stalnaker was examined again by the 

Occupational Pneumoconiosis Board, which determined that there was insufficient evidence to 

justify a finding of more than a 5% pulmonary functional impairment. Based on this finding by 

the Occupational Pneumoconiosis Board, the claims administrator determined on November 3, 

2009, that Mr. Stalnaker had been fully compensated by his prior 5% permanent partial disability 

award. 

In a hearing before the Office of Judges, on February 2, 2011, the Occupational 

Pneumoconiosis Board considered an arterial blood gas study of Dr. Gaziano and a blood gas 

study from the Occupational Lung Center. Dr. Gaziano’s study represented a 10% impairment 

rating and the Occupational Lung Center study was within normal limits. The Occupational 

Pneumoconiosis Board testified that, based on the present record, it could not find any 

impairment attributable to occupational pneumoconiosis beyond the 5% previously granted to 

Mr. Stalnaker. The Occupational Pneumoconiosis Board also testified that Mr. Stalnaker was 

fully compensated by his prior 5% permanent partial disability award. 

In its March 23, 2011, Order, the Office of Judges concluded that Mr. Stalnaker had been 

fully compensated for his occupational pneumoconiosis by the prior 5% permanent partial 

disability award. The Office of Judges found that the Board was consistent in finding that Mr. 

Stalnaker had no impairment beyond the prior 5% award. Finally, the Office of Judges 

determined that there was no evidence in the record which showed that the Board was clearly 

wrong. The Board of Review adopted the findings of the Office of Judges and affirmed its Order 

on October 13, 2011. 

The Board of Review did not commit any reversible error in affirming the Order of the 

Office of Judges. The Occupational Pneumoconiosis Board based its determination on specific 

and credible reasons. The Office of Judges was not wrong to rely on its findings. There is no 

evidence in the record that consistently and reliably demonstrates that Mr. Stalnaker is entitled to 

a greater than 5% permanent partial disability award due to occupational pneumoconiosis. 

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: July 24, 2013 

CONCURRED IN BY: 

Chief Justice Brent D. Benjamin 

Justice Robin J. Davis 

Justice Margaret L. Workman 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II