West Virginia’s Intermediate Court of Appeals upheld a determination that a mine worker’s arm injuries were compensable despite his initial report of a nonwork-related accident.
Case: ACNR Resources v. Banco, No. 25-ICA-386, 05/01/2026, published.
Facts: Thomas Banco worked for ACNR Resources as a compliance foreman and fireboss.
On May 5, 2025, he sought medical treatment for pain and swelling in his left elbow. He said he slipped and fell on his elbow while he was chasing his granddaughter the day before.
An X-ray showed a proximal avulsion fracture and findings suggesting a ...
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