A divided West Virginia Supreme Court overturned an award of benefits to a mine worker for a herniated disc, finding he had failed to prove the injury had occurred in the course of, and resulting from, his employment.
Case: Arch Coal v. Lemon, No. 17-0152, 12/19/2017, published.
Facts: Jimmie Lemon allegedly injured his back in 2016 while working for Arch Coal when the supply motor he was operating hit a hole, jostling him out of his seat.
Lemon did not report the alleged injury until a week later.
Lemon had a history of back problems that predated his alleged accident, including a 2...
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