West Virginia’s Intermediate Court of Appeals rejected a worker’s request for an increase in his permanent partial disability award.
Case: Smith v. Marshall County Coal Resources Inc., No. 24-ICA-236, 12/06/2024, published.
Facts: Donald Smith worked for Marshall County Coal Resources Inc. He went to the hospital in June 2022, complaining of right shoulder pain.
Smith reported feeling a popping sensation in his right shoulder while he was carrying a container of hydraulic fluid at work.
X-rays of the shoulder revealed no evidence of fracture. Smith was diagnosed with a right sh...
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