West Virginia’s Intermediate Court of Appeals upheld the expansion of a worker’s claim to include additional conditions and an award of temporary total disability benefits.
Case: Mastec Inc. v. Blackwell, No. 25-ICA-344 and No. 25-ICA-406, 04/07/2026, published.
Facts: In August 2022, Brett Blackwell saw Dr. Robert Johnston with complaints of bilateral shoulder pain for more than two months, and sharp rib to chest pain. An X-ray revealed mild acromioclavicular degeneration.
In April 2024, Blackwell saw Johnston again. Johnston’s assessment included an anterior-to...
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