Supreme Court Upholds PPD Without Apportionment for Mine Worker

The West Virginia Supreme Court upheld a determination that a mine worker had no preexisting, definitely ascertainable impairment to be apportioned out of his rating. Case: Blackhawk Mining LLC v. Blankenship, No. 22-0065, 09/14/2023, published. Facts: Richard Blankenship worked for Blackhawk Mining LLC as an electrician. He hit his head on a beam at work on March 19, 2019, and was diagnosed with a cervical sprain with radiculopathy. Dr. Donald Lewis reported that a computed tomography scan showed Blankenship had no acute fracture but had a right paracentral disc protrusion at C5-C6. Dr. R...