A divided West Virginia Supreme Court upheld the termination of a man’s benefits before he was able to return to work, finding his disability was due to noncompensable conditions that predated his injury.
Case: McKinney v. Kingston Mining Inc., No. 20-0137, 05/20/2021, published.
Facts and procedural history: Johnny McKinney worked for Kingston Mining Inc. as a foreman. He injured his right knee as he was stepping across a railroad track while carrying a heavy tarp on Nov. 1, 2017.
An X-ray showed loss of joint space in the medial compartment, ossified posterior patella, and no fractu...
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