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Split Supreme Court Upholds Denial of Benefits for Worker With Preexisting Conditions

Tuesday, January 24, 2023 | 0

A divided West Virginia Supreme Court upheld a denial of benefits to a health care worker for her back conditions, finding they had not arisen out of a workplace accident. Donna J. Carter worked for Davis Health System. She allegedly injured her back at work in December 2019 while moving patients. In a report of occupational injury, her physician stated that Carter injured her back due to a muscle strain from pulling and lifting. The doctor opined that Carter’s condition was a direct result of an occupational injury and noted that it aggravated a prior injury/disease.  Dr. ...

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