Murray American Energy, Inc. v. Richard Yost, 25-ica-1

Richard Yost, a coal miner for Murray American Energy, was injured on October 21, 2019, in an on-the-job accident involving a man-trip and a tractor bolt machine, resulting in multiple injuries including a concussion, cervical and lumbar strains, and post-traumatic symptoms.
The claim administrator initially recognized his injury as compensable and later granted a 19% permanent partial disability (PPD) award based on medical evaluations that apportioned some impairment to preexisting, non-symptomatic degenerative conditions.
Yost contested the apportionment, arguing that all his impairment was related to the compensable injury, citing lack of prior symptoms or treatment for preexisting conditions.
A subsequent independent medical evaluation (IME) by Dr. Guberman attributed all of Yost’s impairment to the work injury and found a total of 33% whole person impairment (WPI), recommending an additional 14% PPD.
The Workers' Compensation Board of Review reversed the earlier PPD award and granted the full 33% PPD to Yost, leading Murray to appeal this increase.
The Intermediate Court of Appeals reviewed whether the Board incorrectly relied on Dr. Guberman’s report over that of Dr. Mukkamala, who had apportioned some impairment to preexisting conditions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board erred in granting an additional 14% PPD award to Yost for total of 33%	Murray: Dr. Guberman’s rating should not have been adopted due to lack of proper apportionment for preexisting conditions	Yost: No evidence of prior symptoms; apportionment was improper as all impairments arose from the work injury	Affirmed Board’s decision; Murray did not meet its burden to prove apportionment was warranted

Duff v. Kanawha County Commission, 250 W. Va. 510, 905 S.E.2d 528 (W. Va. 2024) (employer has the burden to prove apportionment to preexisting impairment in workers’ compensation claims)
In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (W. Va. 1996) (deferential standard for judicial review of agency decisions)