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Supreme Court Says Worker Meets Impairment Threshold for PTD Consideration

Thursday, April 24, 2025 | 0

The West Virginia Supreme Court upheld a determination that a worker met the whole-person impairment threshold of 50% to be considered for a permanent total disability award. Case: Arch Coal Inc. v. Howard, No. 23-391, 04/16/2025, published. Facts: Jobie Howard worked as an electrician for Arch Coal Inc. He had an impairment to his left hand from a non-work-related injury he suffered in 1998. In 2004, Howard had bilateral LASIK surgery to correct his vision, which resulted in thinned corneas. Howard then suffered severe burn injuries in May 2010 as a result of an electrical explosion. He w...

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