Split Court Says Coal Miner's Claim Should Have Been Expanded to Include Cervical Injury

A divided West Virginia Supreme Court ruled that a coal miner’s request to add cervical radiculopathy as a compensable condition should have been granted. Case: Moore v. ICG Tygart Valley LLC, No. 20-0028, 04/28/2022, published. Facts: James A. Moore worked at the Leer Mining Complex in Taylor County, West Virginia. In November 2016, Moore was driving a shuttle car in the coal mine when its brakes locked up, throwing him upward. Moore’s head hit the car’s canopy. Moore was holding the car's grab rail with his right arm at the time, and the impact injured his right sho...