Supreme Court Upholds Denial of Benefits, Continuing 'Disturbing Trend' Alleged by Dissent

The West Virginia Supreme Court upheld the closure of a coal miner’s claim for a crush injury over a dissenting justice’s concern that the court is developing a “disturbing pattern” in its decision-making. The majority opinion held Matthew Lydick failed to offer evidence to refute the finding that he had reached maximum medical improvement.  In his dissent, Justice William R. Wooton expressed concerns about how the high court and other venues weigh testimony from physicians. Testimony of the treating doctor — even a team of treating providers — seems ...