Split Supreme Court Orders Further Factual Findings on Worker's Claim of Aggravation Injury

The West Virginia Supreme Court overturned a denial of a worker’s claim for aggravation of a preexisting shoulder condition. Case: McCune v. FedEx Freight Inc., No. 21-0478, 10/18/2022, published. Facts and procedural history: Kevin McCune worked for FedEx Freight Inc. He filed a workers’ compensation claim alleging he had injured his back and shoulder at work in January 2017. A claims administrator for FedEx’s insurance carrier rejected the claim. The Office of Judges reversed the denial but limited the compensable diagnosis to the thoracic spine. It stated that there was...