STATE OF WEST VIRGINIA
 

SUPREME COURT OF APPEALS FILED 

June 27, 2014 

RORY L. PERRY II, CLERK 

FREDDIE BROWNING, SUPREME COURT OF APPEALS 

OF WEST VIRGINIA 

Claimant Below, Petitioner 

vs.) No. 13-0183 (BOR Appeal No. 2047541) 

(Claim No. 2010133588) 

BRAYMAN CONSTRUCTION, 

Employer Below, Respondent 

MEMORANDUM DECISION 

Petitioner Freddie Browning, by Wendle D. Cook, his attorney, appeals the decision of 

the West Virginia Workers’ Compensation Board of Review. Brayman Construction, by Lisa 

Warner Hunter, its attorney, filed a timely response. 

This appeal arises from the Board of Review’s Final Order dated January 25, 2013, in 

which the Board affirmed a July 19, 2012, Order of the Workers’ Compensation Office of 

Judges. In its Order, the Office of Judges affirmed the claims administrator’s February 23, 2011, 

decision granting Mr. Browning a 0% 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. Browning worked for Brayman Construction. On April 29, 2010, Mr. Browning 

developed low back pain after pulling on a pump. The claims administrator held his claim 

compensable. Following the injury, Mohammed Ranavaya, M.D., evaluated Mr. Browning and 

found that he had no impairment related to this injury. On February 23, 2011, the claims 

administrator granted Mr. Browning a 0% permanent partial disability award based on Dr. 

Ranavaya’s evaluation. Bruce A. Guberman, M.D., then evaluated Mr. Browning and determined 

that he had 13% whole person impairment under the American Medical Association’s Guides to 

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the Evaluation of Permanent Impairment (4th ed. 1993). Dr. Guberman found that Mr. Browning 

had previously received a permanent partial disability award related to a March 7, 2005, lumbar 

strain and apportioned 9% of Mr. Browning’s impairment to his prior injury. Dr. Guberman then 

adjusted the remaining 4% impairment to a 5% whole person impairment rating to fit within 

Lumbar Category II of West Virginia Code of State Rules § 85-20-C (2006). Prasadarao B. 

Mukkamala, M.D., also evaluated Mr. Browning and determined that he had 14% impairment 

under the American Medical Association’s Guides. Dr. Mukkamala adjusted this rating to 8% to 

fit within Lumbar Category II of West Virginia Code of State Rules § 85-20-C. Dr. Mukkamala 

noted that Mr. Browning had received a prior permanent partial disability award on March 7, 

2005, and apportioned the entire impairment rating related to Mr. Browning’s lumbar spine to 

this prior injury. On July 19, 2012, the Office of Judges affirmed the claims administrator’s 

decision. The Board of Review affirmed the Order of the Office of Judges on January 25, 2013, 

leading Mr. Browning to appeal. 

The Office of Judges concluded that the evidence established that Mr. Browning had 

been fully compensated for his lumbar spine injury and was not entitled to any additional 

permanent partial disability award. The Office of Judges based this determination on the 

evaluations of Dr. Ranavaya and Dr. Mukkamala. The Office of Judges also considered the 

independent medical evaluation of Dr. Guberman. However, the Office of Judges determined 

that Dr. Guberman incorrectly apportioned for Mr. Browning’s prior 8% permanent partial 

disability award prior to adjusting his rating to fit within Lumbar Category II of West Virginia 

Code of State Rules § 85-20-C. The Office of Judges found that Dr. Guberman’s impairment 

rating would provide Mr. Browning with a double recovery for the same disability. The Board of 

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

We agree with the conclusion of the Board of Review and the findings of the Office of 

Judges. Mr. Browning has not demonstrated that he is entitled to any additional permanent 

partial disability award. Dr. Mukkamala’s independent medical evaluation shows that Mr. 

Browning has 8% impairment of his lumbar spine. Dr. Mukkamala properly evaluated Mr. 

Browning’s disability under the American Medical Association’s Guides and West Virginia 

Code of State Rules § 85-20-C. Mr. Browning has previously received an 8% permanent partial 

disability award related to his March 7, 2005, back strain. Dr. Mukkamala also properly 

apportioned for his prior award and determined that Mr. Browning has already been fully 

compensated for his injuries. The Office of Judges was also justified in not relying on Dr. 

Guberman’s impairment assessment. Dr. Guberman incorrectly apportioned for Mr. Browning’s 

prior permanent partial disability award before adjusting his American Medical Association’s 

Guides impairment rating to fit within West Virginia Code of State Rules § 85-20-C. Dr. 

Guberman’s impairment rating would have provided Mr. Browning with an additional recovery 

beyond what is supported by the evidence in the record. 

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: June 27, 2014 

CONCURRED IN BY: 

Chief Justice Robin J. Davis 

Justice Brent D. Benjamin 

Justice Margaret L. Workman 

Justice Menis E. Ketchum 

Justice Allen H. Loughry II 

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