Supreme Court Upholds Denial of Authorization for Worker's Back Surgery

The West Virginia Supreme Court unanimously ruled that a worker was not entitled to surgery to address a back condition that pre-dated his compensable injury. Case: Delbert v. Murray American Energy, No. 17-0380, 12/07/2017, published. Facts: Charles Delbert injured his back in 1996 while working at the McElroy Mine in Marshall County. He successfully established a workers’ compensation claim for a lumbar sprain and disc displacement. Delbert underwent back surgery in January 1997 and returned to work in December of that year. He also received an 11% permanent partial disability ...