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Approval of Diagnostic Testing Doesn't Make Condition Compensable

Thursday, January 28, 2021 | 0

The West Virginia Supreme Court unanimously upheld a decision by a claims administrator to deny reopening of an injured worker’s claim, explaining that authorization for diagnostic testing does not render a condition compensable. Case: Steele v. West Virginia Office of Insurance Commissioner, No. 19-1167, 01/20/2021, published. Facts and procedural history: Ronald Steele injured his back in December 1998 while working as a coal truck driver. In January 1999, a claims administrator from the insurance carrier for Steele’s employer accepted liability for a contusion ...

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