STATE OF WEST VIRGINIA 

SUPREME COURT OF APPEALS FILED 

October 26, 2016
 

RORY L. PERRY II, CLERK
 

SUPREME COURT OF APPEALS
 

LISA BLONIARZ, 

Claimant Below, Petitioner OF WEST VIRGINIA 

vs.) No. 15-1129	 (BOR Appeal No. 2050472) 

(Claim No. 2012038306) 

GF MANAGEMENT, INC., 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Lisa Bloniarz, by J. Robert Weaver, her attorney, appeals the decision of the 

West Virginia Workers’ Compensation Board of Review. GF Management, Inc., by James Zeis, 

its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated October 28, 2015, in 

which the Board affirmed an April 21, 2015, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s November 4, 2013, 

decision granting Ms. Bloniarz a 13% permanent partial disability award. 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. 

Ms. Bloniarz injured her left thumb on June 9, 2012, when she sustained a laceration 

while working with a knife in the course of her employment as a cook. In addition to a skin 

laceration, she sustained a laceration of the flexor pollicus longus tendon which required multiple 

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surgical procedures to repair.1 Ms. Bloniarz underwent two independent medical evaluations for 

the purpose of determining the amount of whole person impairment arising from the 

compensable injury. On October 3, 2013, Dr. Jin performed an independent medical evaluation 

and opined that Ms. Bloniarz sustained 13% whole person impairment as a result of sensory and 

range of motion abnormalities in the left thumb. Dr. Jin further noted that the left thumb is the 

sole compensable body part. On November 4, 2013, the claims administrator granted Ms. 

Bloniarz a 13% permanent partial disability award based upon Dr. Jin’s evaluation. Bruce 

Guberman, M.D., performed the second independent medical evaluation on June 26, 2014. Dr. 

Guberman opined that Ms. Bloniarz sustained 17% whole person impairment as a result of 

sensory and range of motion abnormalities in the left thumb, range of motion abnormalities in 

the left ring finger, and range of motion abnormalities in the left wrist. He recommended that 

Ms. Bloniarz receive an additional 4% permanent partial disability award. 

The Office of Judges affirmed the November 4, 2013, claims administrator’s decision. 

The Board of Review affirmed the reasoning and conclusions of the Office of Judges in its 

decision dated October 28, 2015. On appeal, Ms. Bloniarz asserts that she is entitled to a 17% 

permanent partial disability award, per the opinion of Dr. Guberman. 

The Office of Judges found that although the evidence of record does not contain an 

Order holding the claim compensable, Dr. Jin’s report indicates that the sole compensable 

diagnosis is a left thumb laceration with tendon involvement. The Office of Judges further found 

that Dr. Guberman’s report is not persuasive because he evaluated two non-compensable body 

parts in arriving at his recommendation regarding the amount of Ms. Bloniarz’s whole person 

impairment, namely the left ring finger and the left wrist. Therefore, the Office of Judges 

adopted the report of Dr. Jin. We agree with the reasoning and conclusions of the Office of 

Judges, as affirmed by the Board of Review. 

1 Neither a Report of Injury nor an Order holding the claim compensable was submitted into 

evidence. However, ChuanFang Jin, M.D., noted in her independent medical evaluation report 

that the sole compensable diagnosis is a left thumb laceration with tendon involvement. 

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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: October 26, 2016 

CONCURRED IN BY: 

Chief Justice Menis E. Ketchum 

Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Margaret L. Workman 

Justice Allen H. Loughry II 

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