Supreme Court Explains Apportionment for Pre-Existing Conditions

The West Virginia Supreme Court ruled that the correct method for fixing the amount of a permanent partial disability award for a compensable injury suffered by a claimant who has a noncompensable, pre-existing impairment is to deduct the impairment attributable to the pre-existing injury from the final whole person impairment rating as determined under West Virginia Code of State Rules § 85-20. Case: SWVA v. Birch, No. 14-0471, 06/15/2016, published. Facts: Edward Birch injured his back when he slipped on a grease spot at work in March 2004. After Dr. Marsha Bailey placed him at ...