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STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS MICHAEL A. SMITH, Claimant Below, Petitioner vs.) No. 11-0511 (BOR Appeal No. 2045356) (Claim No. 2009087436)
FILED
May 8, 2013
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA

WEST VIRGINIA OFFICE OF INSURANCE COMMISSIONER, Commissioner Below, Respondent and DYNAMIC ENERGY, Employer Below, Respondent MEMORANDUM DECISION
Petitioner Michael A. Smith, by William B. Gerwig III, appeals the decision of the West Virginia Workers' Compensation Board of Review granting an 8% permanent partial disability award. Dynamic Energy, by Lisa Warner Hunter, its attorney, filed a timely response. This appeal arises from the Board of Review's Final Order dated March 3, 2011, in which the Board affirmed a November 29, 2010, Order of the Workers' Compensation Office of Judges. In its Order, the Office of Judges affirmed the claims administrator's November 25, 2009, order granting an 8% permanent partial disability award. The Court has carefully reviewed the records, written arguments, and appendices contained in the petition, and the case is mature for consideration. Having considered the petition and the relevant decision of the lower tribunal, the Court is of the opinion that the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the Court determines that there is no prejudicial error. This case does not present a new or significant question of law. For these reasons, a memorandum decision is appropriate under Rule 21 of the Rules of Appellate Procedure. Mr. Smith sustained a compensable injury to his left hip and lower back during a fall at work on April 13, 2009. He was subsequently evaluated by Dr. Paul Bachwitt, who found 10%
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permanent partial impairment to Mr. Smith's lumbar spine. This value, however, was reduced pursuant to West Virginia Code of Rules

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