The West Virginia Supreme Court upheld a denial of a worker’s request for surgery years after a back injury for which he was found to have reached maximum medical improvement.
Larry Gray worked for Performance Coal Co. as a miner. He injured his back at work and underwent lumbar micro-laminectomies in 1991.
A preoperative computed tomography scan showed bulging between L4-L5 and a herniated disc between L5-S1.
Gray filed another workers’ compensation claim in January 2003 for injuries he sustained from a fall down steps.
The West Virginia Workers' Compensation Division ap...
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