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Split Supreme Court Denies Diagnostic MRI, Pain Medication

Friday, January 22, 2021 | 224 | 0 | 131 min read

A divided West Virginia Supreme Court ruled that a coal mine employee was not entitled to diagnostic testing or pain medication related to a shoulder sprain/strain from 14 years earlier. Case: Brown v. West Virginia Office of Insurance Commissioner, No. 19-0800, 01/20/2021, published. Facts: Terry J. Brown Sr. worked for the Bluestone Coal Corp. as a roof bolter. In October 2004, he reported an injury to his right shoulder. A claims administrator for Bluestone’s insurance carrier accepted liability for a right shoulder sprain/strain and contusion. In November 2005, Brown underwent an ...

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