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Supreme Court Overturns Denial of Benefits for Worker With Preexisting Back Issues

Tuesday, November 7, 2023 | 0

A divided West Virginia Supreme Court overturned a denial of benefits to a worker with preexisting back issues for his claimed injury. Case: May v. BET Ltd., No. 22-0121, 10/23/2023, published. Facts: James P. May worked for BET Ltd. as a parts manager. He allegedly injured his back at work in September 2020. Before this, May had sought treatment for his back from Dr. Nicholas Bremer. In May 2019, Bremer noted that May had chronic low-back pain that was present for approximately six months and had progressively worsened. Bremer diagnosed sacroilitis, lumbosacral spondylosis without myelopat...

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