Supreme Court Rules Worker Failed to Establish Entitlement to Higher Impairment Rating

The Supreme Court of West Virginia unanimously upheld a determination that an injured worker failed to submit persuasive evidence that he sustained a greater permanent partial disability for which he had been compensated. Case: Flint v. Arch Coal Inc., No. 21-0298, 09/19/2022, published. Facts: Alvin Flint worked for Arch Coal Co. He injured his left shoulder while pulling a metal strap out of a trash bin in August 2017. The report of injury was completed by a nurse practitioner who diagnosed lumbar, thoracic and left shoulder sprains. It was noted that the work injury aggravated a pri...