Blackhawk Mining, LLC v. Stover

• Court: West Virginia Intermediate Court of Appeals
• Docket Number: 25-ICA-365
• Decision Date: 07 April 2026
• Citation: Blackhawk Mining, LLC v. Stover, 25-ICA-365 (W. Va. ICA Apr 07, 2026)
• Parties: BLACKHAWK MINING, LLC, Employer Below, Petitioner v. GLENN STOVER, Claimant Below, Respondent

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BLACKHAWK MINING, LLC, Employer Below, Petitioner v. GLENN STOVER, Claimant Below, Respondent

No. 25-ICA-365

West Virginia Intermediate Court of Appeals

April 7, 2026

(JCN 2024009123)

MEMORANDUM DECISION

Petitioner Blackhawk Mining, LLC ("Blackhawk") appeals the August 11, 2025, order of the Workers' Compensation Board of Review ("Board"). Respondent Glenn Stover timely filed a response.^[1] Blackhawk did not reply. The issue on appeal is whether the Board erred in reversing the claim administrator's order, which granted Mr. Stover a 4% permanent partial disability ("PPD") award, and instead granting an additional 8% PPD for a total award of 12% PPD.

This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-11-4 (2022). After considering the parties' arguments, the record on appeal, and the applicable law, this Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the Board's order is appropriate under Rule 21 of the West Virginia Rules of Appellate Procedure.

Mr Stover, a maintenance manager at Blackhawk, completed an Employees' and Physicians' Report of Occupational Injury form dated November 1, 2023. Mr. Stover reported that he sustained an injury to the ulnar nerve of both wrists from years of using impact wrenches, hammer drills, and hydraulic drills. The physicians' section of the form was completed by Michael Kominsky, D.C., who indicated that Mr. Stover sustained a compression of the ulnar nerve of the bilateral wrists as a direct result of an occupational disease. Dr Kominsky described the injury as resulting from years of using high-impact drills and wrenches.

On November 1, 2023, Mr. Stover was seen by Michael Kominsky D.C. Mr. Stover presented with numbness and tingling throughout his hands and fingers, loss of sensation bilaterally, and pain that increased at night. Dr. Kominsky noted that over the last four to five years, Mr. Stover started to lose grip strength primarily in the right hand. Dr. Kominsky assessed occupational-related bilateral median nerve neuropathy at the wrist, bilateral carpal tunnel syndrome, bilateral ulnar neuropathy at the wrist, and bilateral Guyon tunnel syndrome. Dr. Kominsky opined that Mr. Stover's occupational environment is directly related to his diagnoses of bilateral carpal tunnel syndrome and bilateral Guyon tunnel syndrome. Further, Dr. Kominsky noted that Mr. Stover used numerous tools, including high-impact hammer drills, hydraulic drills, hammers, impact wrenches, hammer ratchets, and numerous other wrenches, which he opined caused damage to the median and ulnar nerve of the wrist.

By order dated November 27, 2023, the claim administrator held the claim compensable for bilateral carpal tunnel syndrome. Mr. Stover was seen by Megan Dincher, PA-C, at West Virginia Orthopedic Trauma, on January 25, 2024, for an initial orthopedic evaluation of his bilateral hand numbness and tingling. PA-C Dincher assessed right carpal tunnel syndrome. Mr. Stover followed up with PA-C Dincher on March 3, 2024, and she assessed status post carpal tunnel release.

Prasadarao Mukkamala, M.D., examined Mr. Stover and issued a report dated June 27, 2024. Mr. Stover reported some numbness in both hands, which he indicated was not bad, and not interfering with his activities. Dr. Mukkamala noted that Mr. Stover had a history of borderline diabetes and hypertension. Further, Dr. Mukkamala noted that Mr. Stover was somewhat limited in relation to household activities due to a prior shoulder injury. Mr. Stover reported that he was working with no restrictions at the time of the examination. Dr. Mukkamala diagnosed bilateral carpal tunnel syndrome, status post-surgical release of right carpal tunnel syndrome, and opined that Mr. Stover had reached maximum medical improvement ("MMI").

Dr. Mukkamala assessed Mr. Stover's impairment using the American Medical Association's Guides to the Evaluation of Permanent Impairment (4th ed. 1993) ("the Guides"). Dr. Mukkamala noted that Mr. Stover underwent surgical release of right carpal tunnel syndrome, which helped him significantly, but that he continued to have some mild numbness. Using Table 11 on page 48 of the Guides, Dr. Mukkamala estimated that Mr. Stover's sensory symptoms constituted 10% impairment. Dr. Mukkamala opined that according to Table 15 on page 54 of the Guides, total loss of sensation in the median nerve distribution would account for 38% upper extremity impairment. Because Dr. Mukkamala estimated the sensory symptoms at 10%, he concluded that 10% of 38% would be 3.8% upper extremity impairment, which he converted to 2% whole person impairment ("WPI"). Dr. Mukkamala combined 2% WPI for the right upper extremity and 2% WPI for the left upper extremity for a combined total of 4% WPI. Dr. Mukkamala noted that if Mr. Stover underwent surgical release of the left carpal tunnel syndrome in the future, then he may have to be reevaluated. By order dated July 2, 2024, the claim administrator granted Mr. Stover a 4% PPD award based on Dr. Mukkamala's report. Mr. Stover protested this order to the Board.

On October 7, 2024, Mr. Stover was evaluated by Bruce Guberman, M.D., who reported that on May 21, 2020, Mr. Stover was lifting a piece of metal weighing approximately forty to fifty pounds, when he experienced pain in his right shoulder and arm. Dr. Guberman's impression was rotator cuff tear of the right shoulder due to the injury occurring at work, status post-surgery, and bilateral carpal tunnel syndrome. Dr. Guberman assessed Mr. Stover's carpal tunnel syndrome impairment using Tables 11, 12, and 15 of the Guides, and opined that Mr. Stover had a 7% WPI due to sensory and motor deficits of the right upper extremity, and a 7% WPI due to sensory and motor deficit of the left upper extremity. Pursuant to West Virginia Code of State Rules § 85-20 (2006) ("Rule 20"), Dr. Guberman reduced the WPI ratings to 6% for each wrist. Dr. Guberman opined that Mr. Stover had a total combined WPI of 12% due to the compensable injury.

On March 4, 2025, Dr. Mukkamala conducted a second evaluation of Mr. Stover using the Guides. Mr. Stover reported pain and limitation of motion at the right shoulder, residual numbness in the right hand after surgical release of carpal tunnel syndrome, and numbness in the left hand. For carpal tunnel syndrome, using Table 11 on page 48 of the Guides, Dr. Mukkamala placed Mr. Stover in grade 3 and calculated 30% diminution of sensation. Using Table 12 on page 49 of the Guides, Dr. Mukkamala determined that there was no motor deficit. Dr. Mukkamala determined that according to Table 15 on page 54 of the Guides, total loss of sensation in the median nerve distribution would account for 38% upper extremity impairment.

Because Dr. Mukkamala estimated the sensory deficit at 30% diminution of sensation, he found that 30% of the 38% would be 11.4% upper extremity impairment, which he rounded to 11% upper extremity...