A divided West Virginia Supreme Court overturned a permanent partial disability award to an injured coal miner, finding further evidence on apportionment was needed.
Case: Alpha Metallurgical Resources Inc. v. Nelson, No. 23-383, 11/26/2024, published.
Facts: Charles Nelson worked as a coal miner for Alpha Metallurgical Resources Inc. He suffered multiple injuries on the job when a shuttle car hit the car he was exiting in December 2019.
Nelson continued to work after the accident until September 2020, when he underwent back surgery.
After surgery, Dr. Rober Crow Jr. diagnosed chronic...
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