The West Virginia Supreme Court unanimously upheld a denial of benefits for a worker with a long history of back issues for his most recent claim of injury.
Case: Henry v. Compliance LLC, No. 21-0527, 04/05/2023, published.
Facts: David Henry worked for Compliance LLC as a dish machine operator. He had a long history of chronic back pain before he allegedly injured his back while lifting a trash can at work in June 2019.
Henry sought treatment for back pain in August 2019. A magnetic resonance imaging scan showed a bulging annulus at L5-S1 with asymmetrical disc bulging into the left forame...
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