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Split Supreme Court Upholds Expansion of Coal Miner's Claim

Tuesday, October 10, 2023 | 0

The West Virginia Supreme Court upheld the expansion of a coal miner’s claim to include traumatic right shoulder arthropathy. Case: Murray American Energy Inc. v. Arms, No. 21-0968, 09/19/2023, published. Facts: Garrett Arms worked for Murray American Energy Inc. as a coal miner. He hyperextended his arm at work in February 2015. Dr. William Shrader saw Arms in April 2015 for intractable pain in the right shoulder, as well as limited range of motion. Shrader diagnosed right shoulder internal derangement. A magnetic resonance imaging scan showed supraspinatus tendinopathy, cartilage l...

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