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Supreme Court Says Worker Can't Have 2nd Chance to Prove Compensability

Monday, November 25, 2024 | 0

The West Virginia Supreme Court ruled that a worker was not entitled to a second opportunity to establish compensability for his carpal tunnel syndrome after the issue had already been adjudicated and decided against him. Case: Miller v. Dynamic Energy Inc., No. 23-214, 10/30/2024, published. Facts: Roy Miller worked for Dynamic Energy Inc. He suffered injuries at work in July 2016 when a piece of equipment slammed into the back of the machine he was operating. A claims administrator for Dynamic’s insurance carrier accepted liability for a neck and lumbar sprain. Miller filed a worke...

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