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Split Supreme Court Finds Worker Had No Compensable Impairment after Knee Injury

By WorkCompCentral

Friday, October 8, 2021 | 0

A divided West Virginia Supreme Court ruled that a worker had no compensable impairment following a fall resulting in a knee injury. Case: McKinney v. Kingston Mining Inc., No. 20-0391, 09/27/2021, published. Facts and procedural history: Johnny McKinney worked as a foreman for Kingston Mining Inc. He sustained an injury to his right knee Nov. 1, 2017, as he was walking across a railway to go underground in a mantrip with the rest of his crew. McKinney testified that as he was walking to the mantrip, he noticed that the curtain that they needed for the job was on the ground. He put rubber c...

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