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Split Supreme Court Says Worker Should Get Surgery, Additional TTD

Tuesday, November 26, 2024 | 0

A divided West Virginia Supreme Court ruled that an injured worker was entitled to surgery and additional temporary total disability benefits. Case: Gwinn v. JP Morgan Chase, No. 23-172, 11/13/2024, published. Facts: Donald Gwinn worked for JP Morgan Chase. He tripped and fell while working in July 2015, suffering injuries. A magnetic resonance imaging scan revealed that Gwinn had preexisting degenerative changes in his spine. Dr. Rajesh V. Patel opined that Gwinn had spondylolisthesis that preexisted the fall, but it had been asymptomatic before the accident. Patel said the fall worsened G...

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