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Court Accepts Worker's Claim as Timely Because Employer Caused Filing Delay

Tuesday, February 11, 2025 | 0

West Virginia’s Intermediate Court of Appeals upheld a finding that a worker’s claim was timely because her delay in filing was caused by the actions of her employer. Case: McDowell County Board of Education v. Nelson, No. 24-ICA-251, 01/29/2025, published. Facts: Monica Nelson worked for the McDowell County Board of Education. She slipped and fell while at work in May 2022. Her supervisor prepared an incident report indicating that Nelson sustained injuries to her right knee, left upper leg and lower back. In August 2022, Nelson saw Dr. Eric McClanahan and reported pain i...

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