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Supreme Court Establishes Method for Apportioning Preexisting Impairment

Wednesday, June 12, 2024 | 0

The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester, No. 22-0275, 06/10/2024, published. Facts: David Lester established a workers’ compensation claim for injuries to his lumbar spine and thoracic spine in 1999. Lester was assessed with a whole-person impairment of 14% for his lumbar spine and 7% for the thoracic spine. Under the Combined Values Chart from the American Medical Association's Guides t...

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