Worker Who Fails to Prove MMI Status Can't Demand IME

The West Virginia Supreme Court upheld the denial of a worker’s request for an independent medical evaluation because he failed to show he was at maximum medical improvement. Case: Johnson v. Kanawha Stone Co. Inc., No. 23-460, 10/31/2024, published. Facts and procedural history: Lloyd Johnson worked for Kanawha Stone Co. Inc. He slipped and fell at work in April 2005, injuring his back and right ankle. Johnson injured his back again in 2011 when he fell off a stool. Dr. Victoria Langa evaluated Johnson in August 2015 and assigned a 4% impairment rating for the 2005 injury and 4...