A divided West Virginia Supreme Court ruled that a drill operator failed to establish a compensable back injury, finding that the evidence supported a conclusion that his problems were caused by a pre-existing condition.
Case: Osborne v. Mechel Bluestone, No. 17-0368, 11/07/2017, published.
Facts: Christopher L. Osborne worked for Mechel Bluestone as a drill operator. His drill collided with another while he was at work on July 19, 2013.
Osborne would later testify that was not wearing a seat belt and that the impact threw him over the left armrest, but his head or body did not strike ...
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