High Court Reinstates Claim Due to Mischaracterization of Medical Record

The West Virginia Supreme Court overturned a denial of benefits and treatment for a diesel mechanic, finding the Board of Review had mischaracterized the medical evidence in the record. Case: Hughey v. Penske, No. 22-578, 01/25/2024, published. Facts: James A. Hughey worked for Penske as a diesel mechanic. Hughey sought medical treatment on Aug. 27, 2021, reporting that he began experiencing lower back pain after he used a wrench "real hard" two days prior. An X-ray of the lumbosacral spine revealed no acute bony injury but showed mild degenerative disc disease at L4-L5...