Split Supreme Court Says Worker Can Reopen Claim

A divided West Virginia Supreme Court ruled that a worker should have been allowed to reopen his claim for foot and shoulder injuries. Case: Toler v. Carly Leasing Inc., No. 22-0391, 01/31/2024, published. Facts and procedural history: Jessie Toler worked for Carly Leasing Inc. as a truck driver. He suffered injuries in a motor vehicle accident in March 2016. A claims administrator for Carly’s insurance provider accepted his injuries as compensable. In 2018, Dr. Robert B. Walker assigned Toler a 9% impairment rating, but Dr. Prasadarao B. Mukkamala assigned only a 3% permanent p...