Supreme Court Upholds Determination on Timeliness of Worker's PTD Application

The West Virginia Supreme Court upheld a determination that a worker timely filed an application for permanent total disability more than five years from when he received his permanent partial disability award. Case: Murray American Energy Inc. v. Harshey, No. 20-0716, 09/19/2022, published. Facts and procedural history: Dustin Harshey worked for Murray American Energy Inc. Harshey was injured on Jan. 20, 2012, when he was struck by a ram car. In March 2014, Harshey received a 14% permanent partial disability award for his psychiatric injuries from the accident. A claims administrator ...