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Supreme Court Upholds PPD Award Without Apportionment for Worker's Back Injury

Thursday, September 21, 2023 | 0

The West Virginia Supreme Court unanimously upheld a 5% permanent partial disability award to a coal company employee for his back injury. Case: Kennedy v. Mission Coal Co., No. 21-0930, 09/14/2023, published. Facts: Preston Kennedy worked for Mission Coal Co. He injured his back in January 2018 while lifting a bottle of oxygen. Kennedy filed a workers’ compensation claim, which was held compensable for low-back sprain/strain. Dr. Joseph Grady II examined Kennedy in October 2019. He noted that Kennedy’s medical records indicated he had prior back issues, even though Kennedy deni...

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