Timothy E. Davies v. West Virginia Office of the Insurance Commissioner, and Alcan Rolled Products — Ravenswood, LLC

Summary

The court reversed the Board of Review’s reduction of Timothy Davies’s permanent partial disability award for carpal tunnel syndrome from 6% to 2%. It held that the applicable regulation was invalid as applied to impairment ratings calculated under Table 16 because its 0%-to-6% range conflicted with the required medical-guides methodology and could not reasonably be interpreted in either party’s proposed manner. The court reinstated the Office of Judges’ 6% award.