Superior Home Specialists v. Sindledecker

• Court: West Virginia Intermediate Court of Appeals
• Docket Number: 25-ICA-371
• Decision Date: 07 April 2026
• Citation: Superior Home Specialists v. Sindledecker, 25-ICA-371 (W. Va. ICA Apr 07, 2026)
• Parties: SUPERIOR HOME SPECIALISTS, Employer Below, Petitioner v. MICHAEL SINDLEDECKER, Claimant Below, Respondent

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SUPERIOR HOME SPECIALISTS, Employer Below, Petitioner v. MICHAEL SINDLEDECKER, Claimant Below, Respondent

No. 25-ICA-371

West Virginia Intermediate Court of Appeals

April 7, 2026

(JCN 2022025572)

MEMORANDUM DECISION

Petitioner Superior Home Specialists ("SHS") appeals the August 20, 2025, order of the Workers' Compensation Board of Review ("Board"). Respondent Michael Sindledecker filed a response.^[1] SHS did not reply. The issue on appeal is whether the Board erred in reversing the claim administrator's order, which granted Mr. Sindledecker a 19% permanent partial disability ("PPD") award, and instead granted an additional 18% PPD for a total award of 37%.

This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-11-4 (2024). 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.

On June 6, 2022, Mr. Sindledecker was transported by EMS to Charleston Area Medical Center's ("CAMC") emergency department. Medical records indicate that Mr Sindledecker was electrocuted while holding on to a gutter that hit a power line. John DeLuca, M.D., performed a right arm laceration repair on Mr. Sindledecker on June 6, 2022.

Zach Tankersley, M.D., a podiatrist at Cabell Huntington Hospital examined Mr. Sindledecker on June 6, 2022, for a consultation regarding bilateral foot electrical burns. Dr. Tankersley stated that Mr. Sindledecker was at risk of losing part of his feet and permanent disability from the injury. He opined that Mr. Sindledecker required surgery with debridement and flap closure for both feet. Mr. Sindledecker underwent an x-ray of his right elbow, revealing antecubital subcutaneous gas. X-rays of both feet were also performed, revealing a subcutaneous gas plantar on the head of the first metatarsal.

Mr. Sindledecker submitted an Employees' and Physicians' Report of Occupational Injury or Disease form dated June 6, 2022, indicating that he injured his hands and feet on that date when he grabbed a gutter, and a power line was on it. Medical personnel from CAMC completed the physicians' section on June 6, 2022, indicating that Mr. Sindledecker injured his hands, forearms, abdomen, and bilateral feet.^[2]

On June 8, 2022, Peter Ray, M.D., indicated that Mr. Sindledecker was treated for third-degree burns to bilateral hands, forearms, right arm, and bilateral feet. It was noted that the injuries would require operative debridement by podiatry and that Mr. Sindledecker would require conditioned monitoring.

Mr. Sindledecker underwent excision of the burns and preparation of the wound beds of the abdomen, bilateral feet, right arm, and left hand on June 13, 2022, performed by Carrie Sims, M.D., at The Ohio State University ("OSU") Wexner Medical Center. The postsurgical findings were a right foot fourth-degree burn that extended down into the right great toe distal phalangeal joint, a left foot burn that extended into the abductor hallucis muscle, and scattered third-degree burns to the abdomen, right forearm, and left hand.

On June 22, 2022, Mr. Sindledecker underwent a right great toe amputation with plastic and reconstructive surgery, split thickness skin grafting to the abdominal wall, right forearm, and bilateral feet with allografts placed to the left medial foot and primary excision of the right forearm wound with primary closure. On the day of discharge, it was noted that Mr. Sindledecker was ambulating independently, tolerating a regular diet, and his vital signs were stable. Mr. Sindledecker reported his pain was well controlled on an oral regimen. On July 8, 2022, the discharge records from Dr. Sims noted that Mr. Sindledecker was treated for approximately 3.5% total body surface area electrical burns to the abdomen, right forearm, left hand, and bilateral feet.

Mr. Sindledecker was admitted to OSU Wexner Medical Center again on July 9, 2022, and was not discharged until August 26, 2022. On July 16, 2022, Mr. Sindledecker underwent excision and split-thickness skin graft to the bilateral feet and removal of a pin from the left great toe. He continued to have hypersensitivity over his bilateral skin grafts and x-rays of his bilateral feet showed concern for osteomyelitis. A bone biopsy of both feet was done, and the areas were debrided and washed out after the cultures were sent. The bone biopsy was found to have Candida parapsilosis growing on August 5, 2022.

Osteomyelitis of the feet was found after a skin grafting of the electrical burn. Mr. Sindledecker was given a six-week course of antibiotics and antifungal medications.

On June 3, 2024, Prasadarao Mukkamala, M.D., evaluated Mr. Sindledecker and noted that Mr. Sindledecker was injured at work on June 6, 2022, when he was working on gutters and the gutter that he was handling struck a power line, electrocuting him. Dr. Mukkamala stated that Mr. Sindledecker had burns over the right forearm, lacerations over the right forearm near the elbow, small lacerations in the palm of both hands, a burn over the abdomen, and a burn over both feet covering most of the big toe. He opined that it appeared the burn over the right forearm was an entry point, and the burns over both feet were the exit wounds. Dr. Mukkamala stated that Mr. Sindledecker underwent proper burn care and had skin grafting using the thigh as the donor site. He noted that Mr. Sindledecker developed osteomyelitis in the right foot and underwent "amputation of the right great toe through the proximal phalanx." Mr. Sindledecker reported pain in both feet, which became significantly aggravated if he was on his feet for about two and a half hours, and stated that he was able to carry on his activities of daily living for the most part but had difficulty showering because of balance issues.

Dr. Mukkamala noted that physical examination revealed scarring on the right forearm, right mid forearm, both hands, right thumb, and abdomen; and that there was scar hypertrophy over the scars on the mid forearm and abdomen. Mr. Sindledecker was noted to have very mild limitation of motion of the toes in the left foot, as well as mild limitation of the right ankle and right hindfoot. Dr. Mukkamala stated that range of motion of the toes was significantly limited in the right lower extremity and slightly limited in the left lower extremity. He noted there was grafted skin with scarring on the right foot with some degree of scar hypertrophy, as well as a scar on the left foot on the grafted skin with some degree of scar hypertrophy. Motor examination was normal and the sensory examination was normal except over the scarred areas, where it was somewhat diminished. Dr. Mukkamala concluded that the diagnoses were history of electrocution; burns, some of which were third-degree, covering a total of 3.5% total body surface area and involving both upper extremities, the abdomen, and both feet; and amputation of the right great toe through the proximal phalanx. Dr. Mukkamala found that Mr. Sindledecker was at maximum medical improvement ("MMI") for the compensable injuries.

Using the American Medical Association's Guides to the Evaluation of Permanent Impairment (4th ed. 1993) ("Guides"), Dr. Mukkamala opined that from Table 2 on page 280, Mr. Sindledecker qualified for 10% whole-person impairment ("WPI") for burns noting that he had skin grafting and the burns healed well but he continued to have symptoms and his balance was poor, interfering with activities of daily living; 3% WPI for the amputation of the great toe through the proximal phalanx; 3% WPI for loss of range of motion at the right ankle; 1% WPI for loss of range of motion of the right hindfoot; and 2% WPI for loss of range of motion of the toes in the right foot. For the left lower extremity, Dr. Mukkamala assessed 1% WPI for loss of motion of the toes. Dr. Mukkamala opined that the statutory guidelines for impairment related to the great toe amputation do not apply because the amputation here was through the proximal phalanx. Dr. Mukkamala combined his ratings and found a total of 19% WPI due to the compensable injury. On June 28, 2024, the claim administrator issued an order granting Mr. Sindledecker a 19% PPD award based on Dr. Mukkamala's report. Mr. Sindledecker protested this order.

On October 28, 2024, Bruce Guberman, M.D., evaluated Mr Sindledecker and reviewed his medical history. Mr. Sindledecker reported that he had to avoid the sun and use sunscreen and lotions on a regular basis. Mr. Sindledecker also reported that: the scarred areas were sensitive to touch and were associated with sharp pain especially in his palms and fingers, which were also severely pruritic (itchy); the scarred areas of his abdomen and right palm and forearm were very sensitive to touch with an uncomfortable tingling sensation that usually spread to the entire right forearm and they were also pruritic; the scar from the laceration in the right upper arm was sensitive to touch and pruritic; he experiences numbness and tingling over the palmar aspect of the right forearm from the right wrist to the elbow; the scars over the medial and dorsal left foot, including the left great toe, were painful and tender to touch; the scars on the right foot, especially at the stump of the amputated right great toe, were very sensitive to touch or being bumped and were also pruritic intermittently; and he experiences intermittent stiffness of the left great toe. Mr. Sindledecker denied weakness but reported fatigue in the right arm, especially when he tried to lift or carry objects. He stated that he...