The West Virginia Supreme Court upheld the denial of a worker’s claim for the aggravation of a noncompensable, preexisting injury.
Case: Kenneda v. United Coal Co., No. 22-0127, 09/14/2023, published.
Facts: Earl Kenneda Jr. worked as a foreman for United Coal Co. He allegedly injured his back at work on July 21, 2020, while lifting a mining belt.
Kenneda went to the emergency room after waking up on July 22, 2020, and could not stand up straight. He received a diagnosis of lumbago with sciatica.
According to the hospital’s emergency department records, Kenneda reported th...
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