Supreme Court Upholds 13% PPD Award for Worker's Injuries

The West Virginia Supreme Court upheld a 13% permanent partial disability award for an injured worker. Case: Blackhawk Mining LLC v. Elswick, No. 25-735, 03/24/2026, published. Facts: Harold G. Elswick II worked for Blackhawk Mining LLC. He filed a report of injury in January 2023, asserting that he had suffered injuries from a fall at work. The physician’s portion of the form stated that Elswick sustained an injury to the neck. An investigation report completed by Blackhawk on the day of the accident indicates that Elswick was getting out of an excavator when he lost his balance and ...