The West Virginia Supreme Court unanimously upheld an award of benefits to an injured worker without apportioning any of his impairment to a preexisting degenerative back condition.
Case: Murray American Energy Inc. v. Basham, No. No. 21-0666, 04/05/2023, published.
Facts: Edward Basham worked for Murray American Energy Inc. as a roof bolter. In June 2019, he went to Wheeling Hospital with complaints of radiating back pain. Basham reported that he suffered an injury when he turned while lifting a cable at work.
A lumbar spine X-ray documented no acute findings but demonstrated mild degenera...
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