STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

January 23, 2015 

RORY L. PERRY II, CLERK 

CHARLES ROLLINS, SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 14-0060 (BOR Appeal No. 2048512) 

(Claim No. 2011029028) 

CLIFF’S LOGAN COUNTY COAL, LLC, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Charles Rollins, by John C. Blair, his attorney, appeals the decision of the West 

Virginia Workers’ Compensation Board of Review. Cliff’s Logan County Coal, LLC, by Sean 

Harter, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated December 26, 2013, in 

which the Board affirmed a June 14, 2013, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s September 16, 

2011, decision which granted Mr. Rollins a 3% 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. 

Mr. Rollins, a mechanic, injured his left little finger in the course of his employment on 

February 23, 2011, when his finger was caught between a hydraulic cylinder and a chain. The 

claim was held compensable for a left little finger laceration. Mr. Rollins was treated by Robert 

McCleary, D.O., and Luis Bolano, M.D., and he underwent physical therapy. Three independent 

medical evaluations were performed in order to determine the amount of permanent impairment 

Mr. Rollins sustained as a result of his compensable injury. The first evaluation was performed 

by Prasadarao Mukkamala, M.D., on August 26, 2011. Dr. Mukkamala diagnosed laceration of 

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the left little finger, found Mr. Rollins to be at maximum medical improvement, and assessed 3% 

whole person impairment. The claims administrator thereafter granted Mr. Rollins a 3% 

permanent partial disability award. 

A second independent medical evaluation was performed by Bruce Guberman, M.D., on 

March 14, 2012. He noted that Mr. Rollins reported pain, stiffness, and swelling throughout the 

index, middle, ring, and little fingers of the left hand. It was most severe in the little finger. Dr. 

Guberman diagnosed status post crush injury to the left hand with a laceration to the left little 

finger; persistent range of motion abnormalities of the left index, middle, ring, and little fingers; 

and persistent sensory loss at the left little finger. He assessed 10% whole person impairment. He 

noted that Dr. Mukkamala’s recommendation of 3% impairment did not include the index, 

middle, and ring fingers, which he opined were crushed and have been symptomatic since the 

compensable injury. 

A third independent medical evaluation was performed on August 20, 2012, by Bill 

Hennessey, M.D. Dr. Hennessey noted that Mr. Rollins reported trouble fully flexing his left 

little finger and some loss of sensation. He stated that the remainder of the left hand had normal 

sensation. Dr. Hennessey assessed 2% whole person impairment for range of motion loss and 

sensory deficit of the left little finger. He opined that Dr. Guberman’s assessment of 10% whole 

person impairment was unreliable. Dr. Hennessey stated that Dr. Guberman found impairment in 

the index, middle, and ring fingers on the left hand that he and Dr. Mukkamala did not find. 

The Office of Judges affirmed the claims administrator’s decision in its June 14, 2013, 

Order. It found that the only compensable condition in the claim is laceration of the left little 

finger. Dr. Guberman’s report was determined to be unreliable because his recommendation was 

based, in part, upon crush injuries to the index, middle, and ring fingers, which are not 

compensable components of the claim. Further, it was found that Dr. Guberman recommended 

an impairment rating for longitudinal sensory loss in the distribution of the radial digital nerve, 

which is also not a compensable component of the claim. The Office of Judges found Dr. 

Mukkamala’s recommendation of 3% to be more reliable than Dr. Hennessy’s finding of 2% 

impairment. The Board of Review adopted the findings of fact and conclusions of law of the 

Office of Judges and affirmed its Order in its December 26, 2013, decision. 

On appeal, Mr. Rollins argues, per Dr. Guberman’s report, that he is entitled to a 10% 

permanent partial disability award. Cliff’s Logan County Coal, LLC, asserts that Dr. Guberman’s 

rating is unreliable because it is based, in part, upon non-compensable conditions. After review, 

this Court agrees with the reasoning of the Office of Judges and the conclusions of the Board of 

Review. The evidentiary record indicates that Mr. Rollins sustained 3% impairment as a result of 

his compensable injury and is therefore entitled to a 3% permanent partial disability award. 

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. 

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Affirmed. 

ISSUED: January 23, 2015 

CONCURRED IN BY: 

Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II 

DISSENTING: 

Chief Justice Margaret L. Workman 

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